PIL 53/2009 BEFORE HON’BLE THE CHIEF JUSTICE MR MADAN B. LOKUR HON’BLE MR JUSTICE HRISHIKESH ROY (Lokur, CJ) : There is no representation on behalf of the petitioner. The relief prayed for in this Public Interest Litigation is for a direct ion to set aside the communications dated 25th May, 2007 and 13th November, 200 7 issued by the Director, Elementary Education, Government of Assam, addressed t o the Managing Director, HOUSEFED allotting 14798 units of Kitchens-cum-Store ro oms for construction in the Government/Provincialised LP Schools in the State o f Assam. An interim order was prayed for to restrain the State of Assam from disbursing further amounts to HOUSEFED towards the programme. When the matter was taken up for consideration on 17.7.2009, the Divisi on Bench noted that the construction was being made for the ’Mid-Day-Meal-Progra mme’ and that ’Kitchen-cum-Stores’ are required to be constructed for this purpo se. It was noted that HOUSEFED had entered into an agreement with the State of Assam on 16th May, 2007 for executing the contracted work, but instead of doi ng so, it had sub-contracted the construction work and that is why the present w rit petition was filed alleging that some contract works were given without iss uing any tender notice. The Division Bench noted that a substantial amount of the work had alre ady been completed and therefore, it would not be in public interest to stop t he further construction. It was also noted that even though the petitioner was a ware of the facts on 13th July, 2008 yet the writ petition was filed almost a fter one year later. Under the circumstances, the interim order prayed for was declined. Today, learned counsel for the HOUSEFED says that almost 90 % of the wor k has been completed. Under the circumstances, we do not feel it appropriate to interdict t he contraction process since it may have a vital impact on the ’Mid-Day-Meal-Pro gramme’. The writ petition is disposed of in view of the above.