High CourtsDivision Bench(2021) 11 OHC CK 0063

Rudra Kumar Patra vs State Of Odisha And Others

Orissa High Court · Decided on 9 November 2021

HON’BLE JUDGES
Jaswant Singh, J · S. K. Panigrahi, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (Civil) No. 34394 Of 2021

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Judgment

10 paragraphs · 236 words
1.

This matter is taken up through Hybrid Mode.

2.

Heard learned counsel for the petitioner.

3.

The petitioner along with two other bidders had competed in the tender for allotment of a sand bed quarry i.e. Tamanpally-1 Sand Bed.

4.

The petitioner admittedly was the second highest bidder.

5.

By filing the instant Writ Petition, challenge is made to the Memo dated 17th September, 2021 (Annexure-1), whereby a fresh tender for the aforesaid sand query upon cancellation of the previous tender process has been ordered.

6.

Learned counsel for the petitioner has argued that upon disqualification of the highest bidder i.e. Uttam Sarkar, Opposite Party No.4, the opposite party Nos.1,2 & 3 were required to offer the contract to the next highest bidder i.e., the petitioner.

7.

We are not impressed with the contention raised by the petitioner. It is a matter of record that the highest bidder had offered additional charges @ Rs.785/- whereas the petitioner, the next highest bidder had offered Rs.82/- only. The offer of the petitioner was unusually low and the opposite party nos.1,2 & 3 were well within its rights to cancel the previous tender process and ordered for initiation of a fresh tender process in terms of sub-clause 10 of Clause-27 of the OMMC Rules, 2016.

8.

In view of the above, we find no ground to invoke our writ jurisdiction.

9.

Accordingly, the Writ Petition is dismissed.

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