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Judgment
The petitioner is a Proprietorship concern of Sri Artatran Bhuyan, who claims to be a member of the Odisha Young Entrepreneurs Association (OYEA), ordinarily competing for allotment of tenders for works for below Rs.5.00 Lakh. It is stated that with effect from 2015 executive instructions had been issued forming part of Appendix-IX to the O.P.W.D. Code Vol.II, whereby it is provided that for all Tenders costing more than Rs.5.00 Lakh the e-tender route is to be adopted whereas for works costing more than Rs.10,000/- but upto less than Rs.5.00 Lakh are required to be circulated among the local offices as also a copy of the NIT (Notice Inviting Tender) to be also sent to the contractor’s association(s) of all divisions of PWD within the District and concerned SEs office.
The petitioner filed W.P.(C) No.19534 of 2021 seeking a direction for circulation of such like NITs to the office of the OYEA registered at the State level for the benefit of young entrepreneurs like the petitioner.
This Court vide order dated 13.07.2021 disposed of the writ petition by directing the O.Ps. concerned that for allotment of the works of the aforesaid value of less than Rs.5.00 Lakh, the copy of the NITs be also sent to the office of petitioner’s Association.
The present contempt has been filed with the allegation that in spite of the directions, the authorities concerned at the District level are still not sending the copies of the NITs of the aforesaid nature to the office of the OYEA.
Upon notice, reply of the O.Ps. of the Districts concerned have filed separate replies wherein it is shown that the copies of the NITs of such like works were duly sent to the office of OYEA and also averred that most of the participating contractors had obtained copies from the office of OYEA.
In view of the aforesaid assertions in the respective affidavits, we are convinced that the orders are being duly complied with and there is no ground for entertaining the present contempt.
In view of the above, the contempt proceedings are dropped and the CONTC is dismissed.
However, it is observed that it would be advisable if the copies of such like NITs are also sent through e-mail to the office of OYEA so as to avoid inviting such like allegations.
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