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Calcutta High Court (Appellete Side)

Asis Bose vs State Of West Bengal And Ors on 17 June, 2015

Author: Arijit Banerjee

Bench: Arijit Banerjee

                                                        1



   S/L. 30
June 17, 2015.
  Ct. no.31                               W.P. 8264 (W) of 2012
      ss.
                                              Asis Bose
                                                        Vs.
                                            State of West Bengal and Ors.

                     Mr. Sujash Ghosh Dastidar,
                     Ms. Sankari Roy                         ...for the petitioner.

                     Mr. Milon Chandra Bhattacharyya
                                                                ...for the respondent nos. 2 to 6.

The petitioner was the successful tenderer. However, his tender was cancelled and fresh tender was issued. Challenging such fresh tender the instant writ petition was filed.

Today, learned counsel appearing for the petitioner submits that the petition for all practical purposes has become infructuous and he has instructions not to proceed with the same.

However, the respondent no.2 must immediately return a sum of ` 2,15,000/- (Rupees two lakh fifteen thousand) only that the petitioner had deposited with the respondent no.2 as earnest money. Learned counsel for the respondent no.2 states that surely such refund will be made.

Accordingly, this writ petition is dismissed for non-prosecution. The respondent no.2 is directed to refund ` 2,15,000/- (Rupees two lakh fifteen thousand) to the writ petitioner within a period of two weeks from date.

W.P. 8264 (W) of 2012 is accordingly disposed of. There will be no order as to costs.

Let Photostat certified copy of this order be given to the parties, if applied for, on urgent basis.

(Arijit Banerjee, J.)