PITABAS SAHOO Vs. DIRECTOR GENERAL

JUDGEMENT

(1.) The petitioner who is a Class-V Contractor under the C.P.W.D. Contractor vide enlisted No.59(3)/SE-BCC/2005/1197-1213(H) dated 11.19.2005 filed this writ petition seeking for issuance of a writ of certiorari to quash Annexure-2 and for issuing a direction to opposite party for issuing fresh tender urging various facts and legal contentions.

(2.) The petitioner had applied on 25.7.2011 to the opposite party for supply of tender forms to submit his tenders in respect of three works namely, (i) providing vitrified tiles to canteen dinning room, food service room, entrance and reception part including corridor at front stair (Ground floor) at RSTI (T), BBST; (ii) Replacement of steel windows with aluminum window in type B, C and D staff quarter and AGD at A.I.R . Puri and (iii) weather coat painting of outside wall including painting of outside door, windows etc. at DDK Staff Quarter, Bhubaneswar. SH:- Repairing and painting to the Type-C quarter (Block No. 16 and 13) inside DDK Staff quarter complex at Bhubaneswar notified in the tender notice. On the last date for sale of tender papers i.e. on 26.7.2011, the petitioner Vent to the cashier and asked him to accept he tender paper cost and supply him the same, but he denied him to supply the tender paper on the plea that the Executive Engineer has instructed him not to issue tender paper to the petitioner. On enquiry, it was replied by opposite party that the petitioner will not be given any tender paper though he had submitted all the requisite tender papers for the works mentioned above. The required documents are produced at Annexure-3 series to the writ petition.

(3.) It is well established rule that before the tender of the Drasar Bharati, publicity is made in the www.tenderhome.com. Web site for public knowledge so that interested participants can participate. But in the instant case, it was not done with an oblique motive to favour some chose few contractors who have been issued with the tender papers. The whole purpose of resorting to this tactic is to deny the larger participation of the contractors and to favour some for wrongful gain. The said web site paper is annexed as Annexure-4 to the writ petition.