RAJESWAR THAKUR Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner -contractor seeking for issuance of a writ of certiorari to quash the decision of the State Government for proclamation for fresh tender as per Annexures 9 and 10 and to direct the opposite parties to execute the agreement with him to allow him to proceed with the work, urging various facts and legal grounds.

(2.) THE brief facts are stated for the purpose of examining as to whether the petitioner is entitled for the relief as prayed in this petition. The petitioner has submitted his bid pursuant to the tender call notice bearing No. 2 of 2010 -11 issued by the Chief Engineer, L.I. and L.S. Project, Khariar (Opposite Party N.2). The said tender call notice had double cover system, i.e., technical and financial bids in respect of eight numbers of works including "Excavation and construction of Diaton Branch Canal from R.D. 0.00 Km. to 6.50 Kms. Including all structures off taking at RD 49.38 Km. of LMC (Left Main Canal) of LIIP (Lower Indra Irrigation Project)" at sl.no.4 of the said tender call notice. The cost of the work for which tender was called for, was fixed at Rs 1302.99 lakhs, the cost of the tender paper was fixed at Rs 10,400/ - and the Earnest Money Deposit @ 1% of the tender value, comes to Rs 13,03,000/ - as published in the daily vernacular "The Samaj" and English newspaper "Times of India" on 30 th September, 2010 and through website of the State Government. The last date for submission of the tender was 16 th September, 2010 and the date of opening of the technical bid was 21st September, 2010.

(3.) IN respect of the above tender call notice, three contractors including the petitioner submitted their bids "On line" along with required documents and scanned copy of EMD. The original receipt of EMD and the paper cost were submitted before the last date, i.e., the date of opening of the technical bid 21.10.2010. After opening of the technical bid , i.e., the same was evaluated by the Executive Engineer, Opposite Party No.3 and was placed before the Project Level Tender Committee on 1.2.2011. The said Committee after scrutiny of the documents submitted by all the three participants found all of them eligible to participate in the tender process. Accordingly the Chief Engineer in his letter dated 7.2.2011, submitted the proceedings of the ProjectLevel Tender Committee along with documents to the tender Committee of water Resources Department.