NATIONAL PRINTERS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Learned Counsel for the petitioner. Learned Counsel for the petitioner vehemently submitted that Division Bench of this Court passed interim order in L.P.A. No. 180 of 2012 on 27th March, 2012 that respondents shall consider the bid of the petitioner provisionally and finalization of the bid shall not be taken without leave of the Court. This order dated 27th March, 2012 was again taken note of in order dated 2nd April, 2012. Against the said order dated 2nd April, 2012 whereby the respondents were directed to provisionally issue the tender documents in fresh tender process, after cancellation of earlier tender process, to the present petitioner and accept his tender documents, the State preferred S.L.P. (C) No. 11935 of 2012. Said S.L.P. was dismissed by the Hon'ble Supreme Court and the Hon'ble Supreme Court refused to interfere in the order dated 2nd April, 2012 and Hon'ble Supreme Court also clearly observed and made it clear that:

(2.) Learned Counsel for the petitioner vehemently submitted that in view of the above orders passed by the Division Bench of this Court (by us) which is not only upheld by the Hon'ble Supreme Court but the Hon'ble Supreme Court also passed the specific order that respondent shall not award contract to the successful tenderer without leave of this Court. It is further submitted that in gross violation of the orders passed by this Court as well as by the. Hon'ble Supreme Court, the respondent immediately after final decision passed in L.P.A. No. 180 of 2012 and W.P.(C) No. 961 of 2012 vide judgment dated 19th April, 2012 finalize the bid in favour of other bidders without leave of this Court, Learned Counsel for the petitioner submitted that in fact direction of this Court and Hon'ble Court are the final direction.

(3.) In our opinion, Civil Miscellaneous Petition is misdirected and has been wrongly filed. Firstly, we do not find any force in the submission of Learned Counsel for the applicant and so far as order of this Court in L.P.A. restraining the respondent from finalizing the tender process and awarding the contract without leave of the Division Bench of this Court is concerned, that was interim order passed in a proceeding arising out of the Miscellaneous Proceeding for obtaining interim order in the form of stay and injunction by way of Interlocutory Application resulting into consequential L.P.A. against refusal of interim order and ultimately reached to the Hon'ble Supreme Court in S.L.P., wherein the Hon'ble Supreme Court passed the order referred above on 10th April, 2012. The order passed in such of proceeding which were of interim nature have emerged in the final judgment and cannot survive beyond the final decision delivered in writ petition No. 961 of 2012 dated 19th April, 2012. Therefore, the contention of the Learned Counsel for the applicant that the interim order is final order has no legal basis.