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Judgment
By consent of the parties, the appeal is treated as on the day's list and taken up for hearing.
The appeal arises out of an order dated April 22, 2019 passed by the learned Single Judge in the writ petition being WP No.124 of 2019 refusing to grant an interim order. In the appeal, on 1st July, 2019, an interim order was passed.
The writ court, subsequent to the passing of the order dated 1st July, 2019, passed a further order dated 22nd July, 2019, the relevant portion whereof reads as follows:
"The respondent authorities say that the appeal was moved ex-parte and the facts pertaining to the finalisation of the bid, which ought to havebeen in the knowledge of the writ petitioner, were not brought to the notice of the appellate court. The respondent authorities further submit that the appellate court directed the bid not to be finalized; but since the work-order had already been issued, the appellate order cannot be understood to imply that the work to be done under the work-order will remain suspended.
It appears from the order dated July 1, 2019 that the appellate court did not want even the bid to be finalised, leave alone the work-order to be issued or work thereunder to be commenced. Whether or not there was any suppression by the writ petitioner, it is not relevant since the appellate court deemed it fit to entertain the appeal and the prayer for stay ex-parte. It is the spirit ofthe order which has to be respected and the spirit of the orders implies that no work, even if the work-order has already been issued, can be commenced or be pursued till the stay is in place.
The appeal appeared last week before the Division Bench in course of the present circuit and the matter has been adjourned.
Accordingly, the appellate order is understood to imply that there cannot be any work done even if the work-order has already been issued and such position will continue till the disposal of the writ petition.
Affidavits-in-opposition be filed within the next ten days; reply thereto, if any, may be filed within a week thereafter.
The writ petition will appear before either bench on August 12, 2019."
In terms of the last order passed by the learned Single Judge in WP No.124 of 2019 on 22nd July, 2019, the appeal appears to have been become infructuous.
The respondent has taken out an application for vacating the order of 1st July,2019 passed in appeal. Assuming without admitting that the order of 1st July, 2019 is vacated by allowing the application filed by the respondent then also the order passed on 22nd July, 2019 by the learned Single Judge in the writ petition after considering the interim order passed by the Division Bench on 1st July, 2019 will remain and therefore, no fruitful purpose will be served keeping the appeal pending or hearing the application filed therein.
In the facts and circumstances as aforesaid, we dispose of the appeal and all connected applications filed therein without any further orders.
We make it clear that we have not gone into the merits either of the appeal or of any application filed therein including the application for vacating the interim order dated 1st July,2019 passed in the appeal.
We are informed that the affidavit-in-opposition in the writ petition being WP No.124 of 2019 has already been filed in compliance of the order dated 22nd July, 2019.
At the request of the parties, we direct the writ petition to be placed before the learned Single Judge on 14th August, 2019 subject to the convenience instead of 12th August, 2019 as directed by the order dated 22nd July, 2019.