.y^ ^ ^ HIQH COURT OF CHHATTBGARH ATBILfiSPUR D.B.: HON'BLE Mr. JUSTICE SUNIL KUMAR S lHA& HON'BLE Mr. JUSTICE RADHE SHYAM SPja%MA W.P.tO NOJI608/2011 BETmONER RESPONDENTS M.s, Bharti Ghemtrals, Through hfrAjay Kum&r Agrawal, Proprletor M/s. Bhartl Ch^nteals N0.109-F, Sector-B, Indlistrlat Area,. :;:(C.G.) :.;1 -—:- - Versus . 1 SaitDi Eastem Goal Fields Umtfed ^Through^^^^ » Ctalrman), Seepat Rpad, Post Box N6.®), BilcSBur, Chhattisgarh -495006 » > 2 The General Managffi- <hWI) South-Eastem Coal Relds Limited, Seepat R@ad, Post BoxNo.60, Bilaspur(C.S.) ; 3 Ws. High Tech MWng Produds, BehiirKt Baraifeo Rlce Mitl, Mungeli Road, 4 M/s. Pawan Putra Chemteate > • Kailash Dat MHI Gompound,f Mungeli Road, Bil®|urI wRrrpETmoN UNDER ARTICUE 226 OF THE CONSTrrUTIOM OF SND!X , T :,Appearance:, ,„ . : „ -. ''..^.. ..•.-.,,..^ Mr. Gautam Bteduri, Advocatel for the petitioner. :; Dr. N.K. Shukla, Senior Advocate w (^^^ Agarwat, Advocate for respotKlents1&2.y>^ None fbr respondents 3 S 4. —OnSL€» 3ER J:,;'~"Z-~Z—;' (12^7.2811)'^B^"'::''^ The foltowtng order of the Court was passed by Sunil Kumar Slnha. J. fflWW1' W.P.tC) N0^606/2011 Heard. Petitioner—IWs. Bharti Chemicals has filed this petition forthe following relief(s): >.1 10.2 10.3 10.4 10.5 The Hon'ble Court may be pleised to quash the direction issued by Respondent Nos.1 & 2 ctated 23.03.2011 (Ann©<.P-7). , The Hon'ble Court may be pteased to djrect the Respondent Nc®.1 & 2 to place the orders on the petitloner in the ratio of 50:30:20 of the order on as and when required basfe in terms of the rate contract awarded by Respondent Nos.1 &2, Issue an appropriate wrft order or directlon in the nature of Vhe writ of mandamus or any other writ order or dlrection in the nature thereof directing the Resppndent Nos.1 & 2to revise the procurementorder thereby ensuring 50% ofthetotat quantities to be procured from the petitioner after 02.02.2011. Call for the entire record of the case from therespondentNos.1 and2. ; Costof the proceedings be atsoaltowed in favour of the Petltioner or any sueh other order/direction be passed which this 1-ton'ble Court deems fit and prqper. On 06.01.2010, NtT was issued tor coneluston of Rate Contract (RC) for a period of 1 year from the date of issye of Rate Contract for supply of 35 mm x 500 mm sized cement capsules for non-quarry mlnes as per the scope <rf supply/technical specifcations, general terms and conditjons ete. W.P.(Ct N0.2608/2011 It is not disputed before IB Vhat the supply order was issued in the ratlo 50:30:20, belng 50% for the petitioner on 11.06.2010. Since the period of subject rontract has alreMly elapsed on 10.06,2011, we do not find it approprlate to proceed in the matter, because, after teFmination of the contract by efflux of ttme, no relief in twms of the retfefe claimed In the writ petition can be granted to the petitioner. ; Weare of the view that in this manner, the petitton has now become infructuous on account of elapse of time period of thecontract itself. For the foregolng reasons, tooklng to the reliefs clahned in the writ petition, we dispose of this petition holdtng that the ^ime h^ now beeome infructuous, as the period ofcontract has already elapsed. The petition stands flnally disposed of. No order as to cost(s). Sd/- Sunil Kumar Sinha Judge Sd/- Radhe Shyam Sharma Judge .fl^