Jagjivan Shramik Sahyog Samiti Limited v. State Of Jharkhand
2019-02-13
SUJIT NARAYAN PRASAD
body2019
DigiLaw.ai
JUDGMENT Sujit Narayan Prasad, J. - The writ petition is under Article 226 of the Constitution of India, wherein the condition stipulated in the Notice Inviting Tender dated 14.12.2018 is under challenge. 2. It has been submitted by Mr. A.K. Das, learned counsel for the petitioner that during pendency of the writ petition the notice inviting tender dated 14.12.2018 has been cancelled and a new tender has been floated on 27.01.2019 for which he has filed one interlocutory application, seeking leave of this Court, to allow him to amend the writ petition as also the prayer made therein. 3. Learned counsel for the State-respondent has raised objection regarding the aforesaid amendment by submitting that since the original prayer in the writ petition to the effect for quashing of the Clause 5.1.4 of the notice inviting tender dated 14.12.2018 which has been cancelled, therefore, the said relief sought for has lost its force and allowing the interlocutory application for amending the writ petition will change entire nature of the pleading as also the prayer. 4. At this juncture, learned counsel for the petitioner has sought for withdrawal of the writ petition with liberty to assail the notice inviting tender dated 27.01.2019. 5. In view thereof, writ petition is disposed of with liberty to assail the notice inviting tender dated 27.01.2019 before the appropriate forum, if the petitioner so wishes. Withdrawal of the writ petition will not prejudice the petitioner in adjudication of the case, if any.