PATITAPABAN MOHAPATRA Vs. BHUBANESWAR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) O.J.C. No. 12638 of 1999 has been filed by the petitioner challenging the condition mentioned in the tender call notice issued by the opposite parties and published on 28-9-1999 in 'Dharitri' (Annexure-2) on the ground that the said condition is arbitrary and without any basis and unreasonable. This tender relates to the work "Construction of roads, C.D. works for plotted Development Scheme at Sanapala, Khurda at an estimated cost of Rs. 42,95,000/-. O.J.C. No. 2085/2000 has been filed challenging the condition imposed in the tender call notice issued by the opposite parties published in daily newspaper 'The Samaj' dated 24-12-1999 for the work "External Water supply and Sewerage disposal system to plotted development scheme at Chandresekharpur at an estimated cost of Rs. 33,33,000/-. Both the writ applications were taken together for hearing as the questions raised are common in both the cases.

(2.) Shri S. P. Mishra, learned counsel for the petitioner submits that the conditions imposed in both the cases that the tenderer must have done one single work worth Rs. 20,00,000/- in OJC No. 12638/1999 and single work worth Rs. 33,33,000/- in OJC No. 2085/2000 were illegal, without any basis, unreasonable and refusal on the part of the opposite parties to sell the tender papers to petitioner in both cases violates Article 19(1)(g) of the Constitution of India.Case of the petitioner in both the cases is that he is a A-Class contractor and had executed several works pertaining to water supply and Sewerage system, road, drain works, etc. So far as tender in O.J.C. No. 2085/2000 is concerned, it was initially with regard to PWD contractors and the petitioner being a P.W.D. contractor moved this Court in OJC NO. 529/2000 and ultimately corrigendum to the said tender call notice was issued in which P.W.D. contractors were permitted to offer their tenders. Pursuant to the advertisement in both the cases the petitioner had applied for issuance of tender papers after forwarding all the relevant documents including the work experience certificate indicating that the petitioner has executed works worth Rs. 40,00,000/-. Though the opposite party No. 2 received application for supply of tender papers, refused to supply the same on the ground that the petitioner has not completed a single work of equivalent magnitude in relation to the work as mentioned in OJC No. 2085/2000. Similar stand was also taken in OJC No. 12638/1999 stating that the petitioner had not completed single work worth Rs. 20,00,000/-. However, pursuant to the order dated 8-10-1999 passed by this Court in OJC No. 12638/1999 the tender papers were supplied to the petitioner. Shri Mishra, learned counsel for the petitioner in both cases submits that the petitioner being a registered A-Class contractor and he can execute work worth Rs. 60 lakhs and any work worth up to Rs. 60 lakhs can be awarded to the petitioner without any prohibition whatsoever. Issuance of certificate of registration as A-Class contractor itself shows that the petitioner is capable of executing work worth at least Rs. 60 lakhs. Reliance is placed on Rule 3 of the 1967 Rules. Shri Mishra further submits that the conditions imposed in both tender call notices is aided at creating a classification amongst A-class contractors and depriving the petitioner and other similarly placed contractors from participating in the tender and therefore such conduct on the part of the opposite parties is against the public policy and is liable to be quashed.

(3.) From Annexure-2 series in OJC No. 2085/2000 it appears that the Executive Engineer, Division No. III, Bhubaneswar Development Authority has issued certificate dated 10-5-2000 is favour of the petitioner stating that the petitioner has completed water supply and sewerage system, road, drain works under his division worth Rs. 40 lakhs (approximately). He has further stated in the certificate that the petitioner is well experienced and dependable contractor. He has completed all works in time and his performance is highly satisfactory.