SHIVAJI Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD Mr. S. B. Panda, learned counsel for the petitioner and learned Additional Government Advocate for the opposite parties.

(2.) THE petitioner, a Co -operative Society, has prayed for quashing the Notice under Annexure -1 and Clause -3 of item No. 4 of Tender Notice No. 2 under Annexure -3 series. The petitioner has banked upon the Resolution issued by the State Government in Department of Co -operation, which has been published in the Orissa Gazette dated 4th. August, 1995, as per Annexure -4 and has submitted that item No. 4(3) of Annexure -3 tuns contrary to the aforesaid Government Resolution. The relevant portion of the Resolution is extracted hereinbelow : - -

(3.) SO far as notice under Annezure -1 is concerned, by inviting tenders from manufacturers/authorised dealers/suppliers, it cannot be said that the Cooperative Societies have been excluded. A Cooperative Society may be a manufacturer, supplier or an authorised dealer and as such, there is no prohibition for a Cooperative Society from submitting the tender pursuant to the Tender Notice under Annexure -1. As a matter of fact, it appears that the present petitioner has also submitted its offers in accordance with the aforesaid notice.