BHANSALI, J. - (1.) THIS intra court appeal is directed against order dated 24.02.2012 passed by the learned Single Judge, whereby, the writ petition filed by the appellant has been dismissed as not maintainable and it has been observed that the dismissal would not preclude the appellant from filing any suit for damages against respondent No.6, if it is able to establish its case before appropriate civil court in accordance with law.
(2.) THE appellant filed writ petition on 20.05.2011 seeking writ, order or direction for quashing orders dated 30.04.2011 and 07.05.2011, whereby, the tender submitted by the appellant was rejected and its representation against such rejection was also rejected by respondent No.6 ­ Water Pollution Control, Treatment and Research Foundation, Pali ('the Trust') on several grounds. A reply to the writ petition was filed by the respondent No.6, inter alia, raising preliminary objection regarding maintainability of the writ petition against the said respondent as it was not a 'State' and was a private body. Further objection was raised that contract in question has been awarded to Creative Enviro Control Pvt. Ltd, Surat ('Creative Enviro') vide letter of intent ('LOI') dated 10.05.2011, however, the said Creative Enviro, who is a necessary party, has not been impleaded as a party. The decision to reject the tender submitted by the appellant-petitioner was also justified on various grounds.
(3.) WHEN the matter came up for admission, the learned Single Judge after hearing the parties came to the conclusion that already substantial work was completed and petitioner had not impleaded Creative Enviro as party, which had been awarded the contract, despite the same having been pointed out by the respondent No.6 and, therefore, there was no good ground to continue with the petition and, consequently, passed the order dismissing the writ petition as not maintainable with the observations as noted hereinbefore.;