- (1.) Can second writ petition be entertained on the subject matter respecting which the first writ petition of the same person was dismissed? This question emerges for consideration in the instant matter under the circumstances set out below.
(2.) First writ petition bearing No. 5633/2001 was submitted by the petitioner with the following prayer- (i) to issue any order or direction of writ of any nature directing non-petitioner No. 1 Financial Committee not to approve the grant of contract in pursuance of NIT No. 14/2000-2001 work of 900 mm PSC Pipe Line Stretch between Sahawa to Bhaleri under package CBPL-1 and 15/2000-2001 in relation to the work of 900 mm PSC Pipe Line Stretch between Bhaleri and Churu under package CBPL-2 of Churu-Bissau Water Supply Project dated 22-7-2000. (ii) to issue any order or direction of writ of any nature declaring the tender submitted by Bhuratham and Co. and other tenderer who has not deposited 2% earnest money along with the tender form in response to the tender notice Nos. 14 and 15 dated 22-7-2000 as invalid. (iii) to issue any order or direction or writ of any nature directing the non-petitioner to consider the tender of the petitioner for grant of contract in response to the tender notices Nos. 14 and 15 dated 22-7-2000.
(3.) Single Bench of this Court vide order dated 4/12/2001 dismissed the writ petition indicating thus- "Be that as it may, mere filing up the tender form and complying with all requisite formalities does not by itself give any legal right in favour of the petitioner to claim acceptance of his tender form. In my view, apart from what has been stated herein- above this writ petition is premature and not maintainable as the Finance Committee has not yet finally adjudicated upon the matter.......... Prima facie, I find no merit in this petition and the same is deserve to be dismissed at the admission stage itself.";