(1.) The Court: This writ petition has been filed challenging the notice inviting e-tender issued by the Kolkata Municipal Corporation being Tender Reference no. KMT/MKT/13/2018-19.
(2.) The petitioner is aggrieved by certain clauses under the broad head of clause 3.1 relating to Operation, Maintenance and Overall Management of Satyanarayan Park A.C. Market. According to the petitioner, the person who had sublet the stall to the petitioner was given the power under the notice inviting tender to recover such consideration in the form as decided by the bidder and the amount so collected would be the exclusive property to the bidder and KMC would not have any claim on the money. According to the petitioner, when the original licensee did not have any interest in the licence, the period of licence having expired, such a clause would only amount to putting a fetter on the right of the petitioner as a sub- licensee was recognized by the Kolkata Municipal Corporation. Mr. Basu, learned senior Advocate appears on behalf of the respondent no.4 and submits that this writ petition has become infructuous in view of the fact that by a subsequent notice inviting tender bearing Tender Reference No.KMC/MKT/17/2018-19 the entire tendering process has been concluded and the respondent no.4 has been issued the work order in the subsequent tender on May 29, 2019. According to Mr. Ghosh, learned Advocate appearing on behalf of the Kolkata Municipal Corporation, the tender under challenge in this writ petition bearing Tender Reference No. KMC/MKT/13/2018-19 was not acted upon and was cancelled. Thereafter, a new tendering process was initiated being Tender Reference no. KMC/MKT/17/2018-19. The subsequent tender was acted upon and ultimately the work order was issued in favour of the respondent no.4. He also submits that the writ petition is thus infructuous. Under such circumstances, I am satisfied that this writ petition has become infructuous. At this stage, Mr. Choudhury submits that he does not want to press this writ petition and he seeks liberty to challenge the subsequent tendering process before the appropriate forum. On the prayer of Mr. Choudhury, this writ petition is dismissed as not pressed.