High CourtsSingle Bench(2018) 03 OHC CK 0052

MS SAVITRI INDUSTRIES vs COLLECTOR-CUM-CHAIRMAN RTE-SARVA SIKSHYA ABHIYAN C

Orissa High Court · Decided on 28 March 2018

HON’BLE JUDGES
VINEET SARAN, Dr. B.R SARANGI
RESULT
Allowed
CASE NUMBER
W.P.(C) No.3145 of 2018

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Judgment

32 paragraphs · 275 words

Sl. No.,Activity,Date and Time,,

1.,"Last Date for Submission of

Quotation Papers",18.01.2018 by 5 P.M.,,

2.,Opening of Quotation,19.01.2018 at 11 A.M.,,

Sl. No.,"Type of prin(cid:38)ng

material",Specification,"Cost of prin(cid:38)ng per

card (in Rs.)","Total rate quoted

for prin(cid:38)ng of

205140 nos. of

Report Card

1.,"Students Report

Card","Paper Quality-220

GSM Pulp Board

Size of paper

â€"Demy ¼

Prin(cid:38)ng â€

BiColour","Rs. 1.87 (pink pulp

Board) Rs.

2.50(White pulp

Board)","RS.3,83,611.80 (pink

pulp) Rs.

5,12,850.00 (white

pulp)

13.

In view of the aforesaid facts and circumstances, this Court is of the considered view that the petitioner having quoted the price @ Rs.1.87 paise",,,,

for supply of white pulp board pursuant to tender call notice dated 08.01.2018 and acted upon the same, the opposite parties could not have gone for",,,,

issuing a fresh tender call notice on 06.02.2018 without assigning any reason for nonacceptance of the offer submitted by the petitioner pursuant to,,,,

tender call notice dated 08.01.2018 and more particularly even in the second tender also the price quoted by L-1 tenderer is higher than the price,,,,

quoted by the petitioner pursuant to tender call notice dated 08.01.2018. As such, the action of the opposite parties going for second tender, being hit",,,,

by principle of estoppel, and the same having been justified for the first time by way of filing counter affidavit, this Court is not inclined to accept the",,,,

same. As a result therefore, the tender call notice dated 06.02.2018 and consequential action thereof are hereby quashed and the opposite parties are",,,,

directed to act upon the bid submitted by the petitioner pursuant to tender call notice dated 08.01.2018.,,,,

14.

The writ application thus stands allowed. No order as to costs.,,,,