The Calcutta High Court reiterated that a writ petition regarding a tender process, if rendered infructuous by the passage of time, should be dismissed. This case upholds existing procedural practice and serves as binding authority for similar future disputes involving public tenders.
Summary
| Category | Data |
|---|---|
| Case Name | WPA/3156/2020 of M/S S.B. ENGINEERING REP. BY ITS SOLE PROP. DIPANKAR JANA Vs M/S INDIAN OIL CORPORATION OF INDIA & ORS |
| CNR | WBCHCA0082622020 |
| Date of Registration | 17-02-2020 |
| Decision Date | 01-09-2025 |
| Disposal Nature | DISMISSED |
| Judgment Author | HON’BLE JUSTICE PARTHA SARATHI CHATTERJEE |
| Court | Calcutta High Court |
| Bench | Single Judge Bench |
| Precedent Value | Binding authority in similar fact situations at subordinate level |
| Type of Law | Procedural / Administrative (Public Tenders/Writ Jurisdiction) |
| Ratio Decidendi |
The Court held that, owing to the lapse of time since the initiation of the tender process in 2019, the issues raised in the writ petition have become infructuous. Therefore, the petition should be dismissed as no effective relief could be granted. There is no order as to costs. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within the jurisdiction of the Calcutta High Court |
| Persuasive For | Other High Courts considering similar factual circumstances |
What’s New / What Lawyers Should Note
- Reaffirms that writ petitions challenging administrative decisions (such as tender processes) may be dismissed as infructuous where the relief sought becomes impracticable with the passage of time.
- No costs will be awarded in such dismissals unless specified.
- Lawyers should consider the timeliness of approaching the Court in tender disputes to avoid infructuous petitions.
- Can be cited as binding precedent for summary dismissal on grounds of infructuousness due to lapse of time.
Summary of Legal Reasoning
- The Court noted that the writ petition related to a tender process initiated in 2019.
- Upon review, it was found that due to the passage of time, the issue at hand had become infructuous.
- Relying on established procedural practice, the Court dismissed the petition, stating no effective relief could now be granted.
- The dismissal was without any order as to costs, further reinforcing the procedural nature of the order.
Factual Background
A writ petition was filed challenging a public tender process initiated by Indian Oil Corporation in 2019. By the date of judgment, a significant period had elapsed, rendering any potential relief impractical. The Court found that due to this delay, the petition had become infructuous.
Alert Indicators
- ✔ Precedent Followed – Established procedure of dismissing infructuous writ petitions reaffirmed.