NAGA BUILDERS AND SUPPLIERS Vs. STATE OF NAGALAND

JUDGEMENT

(1.) The petitioner has instituted the writ petition under Article 226 of the Constitution of India seeking inter alia setting aside and quashing of an work order bearing no.CE[H]/TB/YRS/SA[Central]/2022/19dtd. 25/3/2022 [hereinafter referred to as 'the Work Order', for short] whereby a Contract Work, described in detail hereinbelow, has been awarded in favourof the respondent no. 6 herein and also for a direction to the State respondents to issue a fresh Notice Inviting Tender [NIT] for the said Contract-Work.

(2.) The events which, according to the petitioner, have led the petitioner to institute the writ petition can be stated as follows :-

(3.) When the writ petition was moved on 7/6/2022,notices were issued to the respondents making the notices returnable in 4 [four] weeks. It was further provided that till the returnable date, the respondents shall not take any further steps towards construction of the stadiums given in the Work Order. Aggrieved by the interim order dtd. 7/6/2022, the respondent no. 6 who has been awarded the Contract-Work, preferred an interlocutory application, I.A.[Civil] no. 83/2022 seeking modification/alteration/vacation of the interim order dtd. 7/6/2022. The said interlocutory application, I.A.[Civil] no. 83/2022 came to be considered on 21/6/2022 and after hearing the learned counsel for the parties and considering the materials placed on record, the interim order dtd. 7/6/2022 was vacated and the interlocutory application, I.A.[Civil] no. 83/2022 was accordingly disposed of. One of the prime considerations for vacating interim order was the extent of progress of the Contract Work on the date of passing the interim order. Aggrieved by the vacation of the interim order, the petitioner preferred an intra court appeal, Writ Appeal no. 14/2022 against the order dtd. 21/6/2022 passed in I.A.[Civil] no. 83/2022, arising out of the writ petition. The writ appellate court after hearing the learned counsel for the parties, disposed of the writ appeal by order dtd. 29/6/2022 without interfering with the order dtd. 21/6/2022 passed in I.A.[Civil] no. 83/2022. The Division Bench while disposing of the writ appeal, asked all the parties to file their pleadings within stipulated time period so that the writ petition could be considered for final adjudication.