-•?•?->. a ^s/.^^ ,\\ :?S-7-";^: 6 HIGH COURT OF CHHATTISGARH. BILASPUR CORAM: Hon'bie Shri Sunil Kumar Sinha & Hon'ble Shri Radhe Shvam Sharma.JJ. WRIT PETITiON (C) N0. 3777/201 1 PETITIONER M/s ABC Advertising, a proprietorship firm through its sole proprietor Shri Deepak Thawani, son of Shri Hari Kishan Thawani, aged about 27 years, resident of Katora Talab, Opposite Apana Bazar, Street No.2 Raipur (C.G.). RESPQNDENTS 6 7. VERSUS State of Chhattisgarh, through the Secretary, Department of Urban Administration & Development, Mantralaya, D.K.S. Bhawan, Raipur. Municipal Corporation, Bhilai through its Commissioner, Municipal Corporation, Bhilai (C.G.). Commissioner, Municipal Corporation Bhjlai (C.G.). The Administrative Officer, Zone-1, Municipal Corporation Bhilai, District Durg (C.G.). The Administrative Officer, Zone-2, Municipal Corporation Bhiiai, District- Durg (C.G.). The Administrative Officer, Zone-3, Municipal Corporation Bhilai, District Durg(C.G.). The Revenue Officer, Municipai Corporation Bhilai, District Durg (C.G.). WRIT PETITION UNDERARTICLE 226 OF THE CONSTITUTION OF INDIA -Appearance: Mr. Samir Shrivastava, Advocate for the petitioner. Mr. Kishore Bhaduri, Additional Advocate General for respondent No.1. Mr. A.S. Kachhawaha, Advocate for respondents 2 to 7. WRIT PETITION (C) N0. 3777/201 1 ORAL ORDER (28.07.2011} ^f1^- SUNIL KUMAR SINHA.J. Heard. Petitioner- M/S ABC Advertising Company participated in a tender for installing Unipole in certain areas ofMunicipal Corporation, Bhilai. The tender was finalized in its favour. Since the locations for installation of Unipole were not finalized, the petitioner filed this petition for the following reliefs:- "RELIEFO) SOUGHT:- The petitioner most humbly and respectfully prays for following relief(s): a. This Hon'ble Court may kindly be pleased to direct the respondents to finalize the location for installation of Unipoles and handover the same to the petitioner so that the petitioner can install Unipoies without any further delay. b. Cost of the proceedings. c. Any other relief as this Hon'ble Court may be pieased to grant." The respondents have appeared on advance copies. Learned counsel for the respondents were granted time to seek instructions and submit to the Court. Today return has been filed on behalf of respondents 2 to 7. It reveals from the contents of the return that on certain grounds, the entire tender process was cancelled by the Municipal Corporation, Bhilai and a communication to this effect was sent to all concemed including the petitioner on 05.07.201 1 (Annexure-R-1). When the subject tender itself has been cancelled by the Municipal Corporation, the claimed relief(s) sought in the writ petition cannot be granted to the petitioner. The petition, therefore, is liable to be dismissed and is hereby dismissed. However, a liberty is reseroed to the petitioner to challenge the action of the Municipal Corporation and to pray any other relief, which may be available to the petitioner by filing a subsequent writ petition or by avaiffiig other remedies available to the petitioner in this regard. Certified copy as per rules. Sd/- Sunil Kumar Sinha Judge Rahu Sd/- Radhe Shyam Sharma Judge