Sharad Shukla vs State Of Chhattisgarh And Ors

Ajay Kumar Tripathi, CJ

Heard counsel for the parties.

Writ application was filed by the petitioner when a Notice Inviting Tender ('NIT') No. 127/TC/18-19 bearing System Tender No. 36788 issued on

31/05/2018 and the conditions laid down therein for deposit of additional performance security became the cause of action for the petitioner to seek

relief of striking down the condition of additional performance security clause.

Since petitioner is not the successful bider, therefore, the condition of providing additional performance security is not needed and the successful

bidder is not before this Court making any grievance against the so-called onerous conditions. This Court is not willing to answer a hypothetical

question of law as an academic exercise.

The writ application is dismissed. We leave the question open to be decided in an appropriate proceeding, if occasion so arises.