MANAS SINGHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner in this art.226 petition is challenging the Condition 20.h of the Government Order dated June 16, 2010 regarding the Terms and Conditions for Cooked Diet Tender. His case is this. In a previous art.226 petition this Court stayed the operation of the Condition. Though the interim order is in force, the respondents have issued a fresh tender notice dated August 4, 2010 (at p.56) making the impugned Condition a part of the terms and conditions of the tender process. Counsel for the State has rightly submitted that simply because operation of the Condition was stayed it cannot be said that the Condition is to be deleted from the terms and conditions of the fresh tender. He has said that since the operation of the Condition has been stayed by this Court, there is no question of applying the Condition to any other tender of which the terms and conditions notified by the Government Order dated June 16, 2010 are parts in ordinary course. He has made it clear that the condition will not be applied to any process, unless the interim order made by this Court is vacated or varied.

(2.) IN view of the above-noted situation, I am of the view that the petitioner has approached this Court under a wrong impression. There is no reason to entertain this petition in which the petitioner has made a limited grievance that inspite of the interim order in the pending case the respondents have decided to apply the clause concerned to the present tender process. With the aforesaid observations, the petition is disposed of. No costs. Certified xerox.