Calcutta High Court holds that a writ petition concerning a 2016 tender process is rendered infructuous by the mere passage of time. The decision upholds the principle that courts may dismiss writs as infructuous without adjudication on merits when circumstances have overtaken the dispute. The judgment serves as binding authority for subordinate courts on similar procedural aspects in public tender cases.
Summary
| Category | Data |
|---|---|
| Case Name | WPA/26054/2018 of ALAUDDIN MOLLA Vs UNION OF INDIA & ORS |
| CNR | WBCHCA0538482018 |
| Date of Registration | 20-12-2018 |
| Decision Date | 01-09-2025 |
| Disposal Nature | DISMISSED AS INFRUCTUOUS |
| Judgment Author | HON’BLE JUSTICE PARTHA SARATHI CHATTERJEE |
| Court | Calcutta High Court |
| Bench | MB-07 |
| Precedent Value | Binding on subordinate courts, persuasive elsewhere |
| Type of Law | Constitutional Writ / Tender Law |
| Questions of Law | Whether a writ petition regarding a concluded tender becomes infructuous with the passage of time? |
| Ratio Decidendi |
The mere passage of time may render writ petitions infructuous, particularly where the challenge concerns a tender process from several years past. If the subject matter no longer survives for adjudication due to lapse of time, the court is entitled to dismiss a petition as infructuous without determining merits. This promotes judicial efficiency and avoids unnecessary rulings on academic questions. |
| Facts as Summarised by the Court | The petition pertained to a tender process initiated in 2016. By the time of hearing, several years had passed, and the court found that the dispute had become infructuous owing to the efflux of time. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts under the jurisdiction of Calcutta High Court |
| Persuasive For | Other High Courts, Supreme Court, especially in writ matters regarding tender delays |
What’s New / What Lawyers Should Note
- The Calcutta High Court underscores that long-pending writ petitions concerning tender processes may be dismissed as infructuous if lapse of time negates the relief sought.
- Lawyers should consider the potential for infructuousness when approaching the court on tender disputes that have become stale or overtaken by subsequent developments.
- This judgment can be cited to resist revival or continued prosecution of old writs where underlying events have lost relevance.
Summary of Legal Reasoning
- The court noted that the writ petition pertained to a tender process initiated in 2016.
- Due to the considerable lapse of time between the initiation of the tender process and the date of hearing, the court found that the dispute had been overtaken by events.
- Concluding that nothing survived for judicial adjudication, the court held the petition to be infructuous.
- Accordingly, the petition was dismissed as infructuous without making any order as to costs.
Factual Background
The writ petition concerned a challenge relating to a tender process initiated in 2016. By the year 2025, when the petition was taken up, several years had passed. The court noted that, with the passage of time, the controversy became infructuous and no effective relief could be granted.
Procedural Innovations
- The court exercised its discretion to dismiss a pending writ petition as infructuous on the ground of efflux of time in the context of tender disputes.
Alert Indicators
- ✔ Precedent Followed – The court reaffirmed existing principles regarding the dismissal of infructuous petitions due to lapse of time.