EGLOBETECH INDIA PVT LTD Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Petitioner, by means of this writ petition, seeks to quash the order dtd. 15/12/2022 under Annexure-6, as well as the Tender Call Notice No.4059 dtd. 30/11/2022 under Annexure-5 issued by opposite party no. 3-Tahasildar, Gondia, and further to issue direction to opposite parties no.1 to 3 to conduct a fresh tender after providing sufficient individual notice to all the earlier bidders, who participated in the previous tender process, pursuant to tender call notice dtd. 29/6/2020.

(2.) The factual matrix of the case, in a nutshell, is that the Tahasildar, Gondia-opposite party no.3 issued Tender Call Notice dtd. 29/6/2020 inviting tenders for grant of "Nihal Prasad Morrum Quarry" on long term lease of five years. Pursuant thereto, the petitioner and opposite party no.4 were potential bidders. Opposite party no.4 had quoted the highest rate of additional charge, i.e. Rs.467.00 per cum, but he was not declared as successful due to submission of incomplete application. Therefore, the petitioner, being the second highest bidder, was declared as successful, for having quoted additional charge of Rs.315.00 per cum. The petitioner was issued with a letter dtd. 31/8/2020 to deposit security money amounting to Rs.11,55,000.00. In the said letter, it was further stated that since the petitioner had already deposited Rs.2,10,000.00 as earnest money in the shape of demand draft, it was to deposit the rest amount of Rs.9,45,000.00 as security money. In response to the said letter, the petitioner deposited the aforesaid amount and was issued with a money receipt on 2/9/2020. 2.1 Then, opposite party no.4 filed W.P.(C) No.21744 of 2020 and this Court, vide order dtd. 4/9/2020, disposed of the said writ petition holding that the action of the opposite party-authorities in rejecting the bid of opposite party no.4 cannot be said to be unjust and illegal and it would not be appropriate to direct the opposite party-authorities to settle the quarry in question in favour of opposite party no.4, even though he was the highest bidder. Opposite party no.4 assailed the said order before the apex Court by preferring Civil Appeal No.6990 of 2022 arising out of SLP (C) No.13876 of 2020 and the apex Court, vide order dtd. 27/9/2022, disposed of the said case with the following direction:-

(3.) Mr. S. Palit, learned Senior Counsel appearing for the petitioner contended that the sole contention of opposite party no.4 before the apex Court was that in the event the bid is settled in favour of the petitioner, pursuant to earlier tender call notice, the State Exchequer would put to loss because of the price quoted by the petitioner. It is also contended that opposite party no.4 had quoted Rs.467.00 per cum as additional charges, whereas the petitioner had quoted Rs.315.00 per cum. Pursuant to order dtd. 27/9/2022 passed by the apex Court in Civil Appeal No.6990 of 2022 arising out of SLP (C) No.13876 of 2020, when a fresh auction notice was issued, the very same opposite party no.4 quoted Rs.82.27 per cum causing colossal wastage of public money and, as such, there is a clear case of cartel between the officer and the bidder, who are in the helm of affairs putting the Government source into auction. It is contended that pursuant to earlier tender call notice, once opposite party no.4 quoted Rs.467.00 per cum as additional charges, how could he quote Rs.82.27 per cum as the additional charges for the selfsame source, pursuant to fresh auction conducted by opposite party no.3 in compliance of order dtd. 27/9/2022 passed by the apex Court. This fact having come to the knowledge of the petitioner, in favour of whom, pursuant to earlier tender dtd. 29/6/2020, the source was settled and the security amount was deposited before the authority, it has approached by means of this writ petition bringing to the notice of this Court as to how the Government sources are put to auction by the officers of the State by affecting the Government revenue. Therefore, the petitioner seeks for interference of this Court.