JUDGEMENT
ARIJIT BANERJEE,J. -
(1.) A Notice Inviting Tender (in short 'NIT') dated 06.06.2016 was issued by Eastern Coalfields Limited (in short 'ECL') for supplying and laying of Tarfelt, removal of old Tarfelt and grading for water proofing treatment for three years in respect of staff quarters of ECL. The appellant/writ petitioner submitted its bid. Its technical bid was rejected by the Tender Committee. The appellant challenged the tender process claiming that its technical bid was wrongfully rejected by the ECL Authorities. Being satisfied that a prima facie case had been made out the learned Single Judge passed an interim order dated 13 January, 2017 restraining ECL from proceeding any further with the subject tender until disposal of the writ application. Direction was given for exchange of affidavits.
(2.) The said interim order was carried in appeal before the Division Bench. The appeal was dismissed by a judgment and order dated 30 June, 2017.
(3.) Subsequently ECL filed an application before the learned Single Judge being CAN 9049 of 2017 praying for leave to issue a fresh tender in supersession of the tender notice impugned in the writ petition. By a judgment and order dated 3 November, 2017 the learned Single Judge allowed the said application permitting the ECL Authorities to cancel the tender impugned in the writ petition and to proceed with fresh tender. The writ petitioner was granted liberty to participate in the fresh tender process. The application and the writ petition were both disposed of by the said order. Being aggrieved by the said order, the writ petitioner is before us by way of the present appeal.;
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