NILACHALA SAW MILL Vs. JAGANNATH TEMPLE

JUDGEMENT

(1.) HEARD Mr. Dash for the petitioner, Mr. Rath for opposite party No. 1, Mr. Misra for opposite party No. 3 and learned Addl. Covetnment Advocate for opposite party No. 2.

(2.) IN this writ application the petitioner has sought for a writ of mandamus directing opposite parties 1 and 2 to allot the contract relating to cutting and sizing of the logs for the purpose of construction of Chariots for Lord Jagannath for the ensuing Car Festival. It has been asserted in the writ application that the offer of the petitioner for cutting and sizing the logs and for transportation of the sized articles was much lower than that of the opposite party No. 3 whose offer has been accepted by opposite patties 1 and 2 It is also asserted in the writ application that the workers engaged by the petitioner have much experience relating to cutting and sizing of the logs for the purpose of construction of chariot as they were working underVanijya Vikas Saw -mill where such works were being undertaken for about twenty years prior to 1997.

(3.) IN the counter affidavit filed on behalf of opposite parties 1 and 2, it has been indicated that even though the offer of the petitioner was lower than the offer of opposite party No, 3, keeping in view the nature of the work to be undertaken and the urgency, it was decided to allot the work to opposite party No. 3, as all facilities were not readily available with the petitioner. In more particular, it has been stated in the affidavit of opposite party No. 2 that after receiving the offer of the petitioner, a visit had been made to the site of the petitioner on 27 -3 -2001 and it was found that sawing -machine had not been installed at the place. It was also found that there was no sufficient stockyard for stacking of logs and timbers and the mill was near the Nabakalebar Road, which being a narrow road is likely to have traffic congestion. It is also indicated in the counter affidavit that the price difference being marginal and as the work is to be done in time -bound programme, it was thought fit to allot the work to opposite party No. 3 to avoid any possibility of delay.