JOGENDRA NAYAK Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Petitioner, by means of this Writ Petition, seeks to quash the letter dtd. 24/6/2022 at Annexure-3 issued by Opposite Party No.3 and to issue direction to the Opposite Parties to declare the Petitioner as successful bidder in the auction held on 21/6/2022 pursuant to Car Festival Quotation Call Notice No.8669 dtd. 13/6/2022 at Annexure-1.

(2.) The factual matrix of the case, in a nutshell, is that Opposite Party No.3-Executive Officer, Puri Municipality, Puri, issued Car Festival Quotation Call Notice No.8669 dtd. 13/6/2022 at Annexure-1 inviting sealed quotations from the intending persons/ agencies for auction of "Temporary Stalls from Badasankha to Gundicha Temple" during Car Festival 2022. As per the said notice, the intending persons were to visit www.purimunicipality.nic.in and www.puri.nic.in and download the auction papers along with the terms and conditions made available on the above website from 11.00 A.M. of 13/6/2022 up to 5.00 P.M. of 20/6/2022. It was also stipulated in the Notice that the quotation should reach the Office of Opposite Party No.3 by Registered Post/Speed Post on or before 21/6/2022 by 3.00 P.M. and the same would be opened on 21/6/2022 at 4.00 P.M. in presence of quotationers or their authorized agents. It was also indicated that Puri Municipality Authority would in no way be responsible for delay in reaching the quotations. The terms and conditions were also prescribed in the said Quotation Call Notice.

(3.) Miss. Deepali Mohapatra, learned Counsel appearing for the Petitioner, vehemently contended that the Quotation Call Notice at Annexure-1 dtd. 13/6/2022, specifies certain terms and conditions under Clause-1 to 12, out of which he relied on Clauses-9 and 11, the requirements of which Opposite Party No.4 has failed to satisfy. Therefore, acceptance of quotation of Opposite Party No.4 by the Puri Municipality cannot sustain in the eye of law and the same is liable to be quashed.