UMESH KUMAR PODDAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) The facts leading to filing of this writ petition are as follows:

(2.) Opposite party Nos. 2, 3 and 4 have filed counter affidavit separately taking more or less similar stand. According to the said opposite parties, the tender conditions clearly stipulate that once a bid is submitted in sealed cover it cannot be modified or altered on any ground. The petitioner initially having submitted a bid for an amount of Rs. 6,40,47,500/-, there was no scope to revise the same even if it is accepted that the revised bid had been submitted on 7,7.2010. The question as to whether the revised bid submitted by the petitioner was on 7.7.2010 or the same had been inserted to the record after 7.7.2010 was also in dispute. It is also the case of the opposite parties that after opening of the sealed bids, when it was found that opposite party No. 4 is the highest bidder, as per practice he was called for negotiation to raise the bid amount.

(3.) The writ petition was heard by a Division Bench and there being difference of opinion only on the issue as to whether the petitioner has any right to be called for negotiation because opposite party No. 4, the highest bidder had been called by the opposite party Nos. 2 and 3 for upward revision of price, this matter has been placed before me and the learned Counsel appearing for the parties made submissions only on this issue.