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Judgment
This matter is taken up by Video Conferencing mode.
Heard Mr. Upendra Kumar Samal, learned counsel for the Petitioner and Mr. T. Patnaik, learned Additional Standing Counsel.
The writ application is devoid of any merit because of the following reasons:
(i) The technical bid was opened on 17th May, 2021 and the development that has taken place thereafter, have not been mentioned in the writ application though it
was filed on 21st June, 2021.
(ii) The bid document has not been filed by the Petitioner as an annexure to the writ application. Mr. U.K. Samal, the learned counsel for the Petitioner stated that it is
annexed as Annexure-I to the writ application. However, a copy of the Bid Document submitted by the Petitioner in the auction has not been filed.
(iii) The successful bidder has not been impleaded as Opposite Party to the writ application.
So moreover, keeping in view the ratio decided by Hon'ble Supreme Court in the case of Tata Cellular v. Union of India and Ors., (1994) 6 SCC 651
the Court in exercise of judicial review should show restraint in interfering with the matters of tender and contract. This being a matter of service
contract, we find no merit in the writ application to issue notice to the Opposite Parties.
The writ application is, therefore, dismissed. As the restrictions due to resurgence of COVID-19 are continuing, learned counsel for the parties may
utilize the soft copy/downloaded copy of this order available in the High Court's website or print out thereof at par with certified copies, subject to
attestation by Mr. Upendra Kumar Samal, learned counsel for the Petitioner along with his seal, in the manner prescribed, vide Court's Notice
No.4587, dated 25th March, 2020 as modified by Court's Notice No.4798, dated 15th April, 2021.
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