SUDARSAN BARIK Vs. THE MANAGING DIRECTOR

JUDGEMENT

(1.) The petitioner, who is a participating tenderer in the process initiated by the notice dated 16.10.2012 issued by the Managing Director, Orissa Forest Development Corporation, (for short, hereinafter referred to as the Corporation ) seeks to impugn the decision to forfeit his EMD/security deposit for his failure to offer the entire amount of earnest deposit in terms of the stipulation to that effect.

(2.) We have heard Mr B.S. Tripathy, learned counsel for the petitioner and Mr S.K. Patnaik, learned Senior Advocate for the opp. parties.

(3.) Briefly stated, the facts are that the process aforementioned was initiated for collection of cashew nuts with thalamus from the plantation lots of Bhubaneswar (Commercial) Division and other Divisions for three years i.e. 2013, 2014 and 2015 crop. The petitioner had submitted his sealed tender for lot No.27/13 (Kadambajhara RF) and 32/13 (Sulia RF) on 30.10.2012. According to him, he offered a price of Rs.24,33,000/- for lot No.27/13 and Rs.9,63,000/- for lot No.32/13 and also deposited Rs.3,50,000/- and Rs.1,50,000/- respectively by way of earnest money along with the tender papers. A dispute followed as lot No.27/13 was declared in favour of one Shri Nigamananda Parida at his offer price of Rs.13,51,000/- though the petitioner had offered much higher bid, in connection with which, W.P.(C) No.22424 of 2012 was instituted in this Court. During the pendency of the said writ petition, as averred by the petitioner, the Corporation put lot No.32/13 to auction and settled it for Rs.13,27,000/- in favour of one Shri Golakh Marthi in spite of the orders passed by this Court not to finalize the tender process.