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Judgment
This matter is taken up through hybrid mode.
Heard Mr. Susanta Kumar Dash, learned counsel appearing for the Petitioners and Mr. P.P. Mohanty, learned Additional Government Advocate appearing for the State-Opposite Party No.1.
The Petitioners have filed this writ petition seeking to quash the communication dated 31.07.2023 under Annexure-9 issued by Opposite Party No.3 regarding selection of agency for composite iron ore raising at Quarry-1 of Kurmitar Iron Ore Mines, by which the appeal preferred by the Petitioners has been rejected.
Mr. Susanta Kumar Dash, learned counsel appearing for the Petitioners vehemently contended that when the Odisha Mining Corporation had fixed L1 price as Rs.792/-, due to mistake of typing the Petitioners-company entered Rs.492/- instead of Rs.792/-. Therefore, the Petitioners-company requested to cancel the reverse auction as the rate fixed for work would never be practical and, accordingly, sent an E-mail on 27.07.2023 to Opposite Party No.3 not to forfeit their bid security deposited at the time of submission of bid document. Ultimately Opposite Party No.3 vide letter dated 31.07.2023 communicated the Petitioners that their EMD amount has been forfeited as per Clause-6.1.8 of the Request for Proposal (RfP).
Issue notice to the Opposite Parties.
Since Mr. P.P. Mohanty, learned Additional Government Advocate accepts notice on behalf of Opposite Party No.1, let one extra copy of the writ petition be served on him within three working days, enabling him to obtain instructions or file counter affidavit.
Issue notice to Opposite Party Nos.2 & 3 by Speed post, requisites for which shall be filed within three working days. Office shall send notice to the said Opposite Parties fixing a short returnable date.
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