Jayantibhai Harsurbhai Ahir vs Civil Hospital, Ahmedabad

(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)

1. By this writ application under Article 226 of the Constitution of India filed in public interest, the writ applicant claiming to be a social worker and a resident of Ahmedabad has prayed for the following reliefs:-

"(A) This Hon'ble Court may be pleased to allow this petition and issue a writ of mandamus and/ or any other appropriate writ, orders or directions in the nature of mandamus to quash and set aside the impugned tender dated 4.7.2020 (Annexure-A) issued by the respondent no.1 regarding outsourcing of security manpower service and all subsequent proceedings in this regard as being illegal, Page 1 of 3 Downloaded on : Mon Jul 27 21:03:16 IST 2020 C/WPPIL/107/2020 ORDER without authority, null and void ab initio, arbitrary, discriminatory, malafide, unjust, improper and contrary to the Government Resolutions dated 8.1.2007, 22.11.2006, 1.4.2010, 18.5.2011, 27.5.2011 and 4.12.2019;

(B) This Hon'ble Court may be pleased to issue appropriate writ, orders or directions in the nature of mandamus to the respondent No.2 and 3 to take decision on petitioner's representation dated 10.7.2020 immediately.

(C) This Hon'ble Court may be pleased to dispense with affidavit of the petitioner at this moment because of ongoing pandemic.

(D) Pending the hearing and final disposal of the Petition, this Hon'ble Court may be pleased to stay of the implementation, execution and operation of impugned tender dated 4.7.2020 and all subsequent proceedings in this regard.

(E) Ad interim exparte relief in terms of above paragraph C.

(F) The Hon'ble Court may grant such other reliefs as the nature and circumstances of the case may require."

2. Having heard Mr. Sandip Munjyasara, the learned advocate appearing for the writ applicant and having Page 2 of 3 Downloaded on : Mon Jul 27 21:03:16 IST 2020 C/WPPIL/107/2020 ORDER gone through the materials on record, we have arrived at the conclusion that this litigation filed in public interest is lacking in bonafide. Even otherwise, the cause to file this writ application in public interest no longer survives as a statement is being made by Ms. Manisha Lavkumar Shah, the learned Government Pleader that the entire contract has been scrapped.

3. We were inclined to reject this writ application by imposing costs. But we refrain from doing so for one last time. We put Mr. Sandip Munjyasara, the learned advocate to guard for filing such frivolous petitions in public interest. The writ application accordingly stands rejected.

(VIKRAM NATH, CJ) (J. B. PARDIWALA, J) ABDULVAHID A SHAIKH Page 3 of 3 Downloaded on : Mon Jul 27 21:03:16 IST 2020