AKBAR MOHAMMED Vs. STATE OF ORISSA

JUDGEMENT

(1.) Notice Inviting Tender (in short 'NIT) dated 9/11/2004 issued by opposite party No. 4, Executive Engineer, Right Canal Division No. II, Junagarh as per Annexure-1 was published in the newspaper. The writ petitioner offered his tender in response to the said NIT with respect to the works mentioned in SI. Nos 4 and 5 of the said NIT. For the work in SI. No. 4, the petitioner quoted Rs. 1,02,72,296.00, which was 27% less than the scheduled rate and for the work in SI. No. 5, the petitioner quoted Rs. 1,34,72,608.00, which was 23.97% less than the scheduled rate prescribed for the said work.

(2.) The petitioner admittedly was the lowest tenderer. Under the letter dated 16-12-2004 (Annexure-2), the petitioner was intimated by the Executive Engineer as follows "Your quoted rates stands at first lowest rate being (-) 23.97% less over the amount put to tender. In view of this, you are therefore requested to give justification of rates with analysis for execution of the work within 5 days after issue of this letter. This may be treated as URGENT." Being the lowest tenderer, the petitioner's offer along with other documents submitted by the petitioner was forwarded by the Executive Engineer, R. C. Division No. II, Junagarh to the Chief Engineer, UIIP, Khatiguda under the letter dated 30-3-2004 (Annexure-3) to the writ petition. By letter 24-2-2005 under Annexure4 to the writ petition, the Executive Engineer, R. C. D. No. II, Junagarh asked the petitioner to produce up-to-date valid sales tax clearance certificate as desired by the Chief Engineer, UIIP opposite party No. 2 for necessary action. The petitioner's case is that pursuant to the said letter under Annexure-4, he applied again for a sales tax clearance certificate in Form-X and obtained the same on 29-3-2005 which was submitted as requested by the Chief Engineer. The petitioner claim to have also submitted a certificate granted by the Sales Tax Officer, Kalahandi Office, Bhawanipatna, a copy of which has been annexed as Annexure-6, along with the sales tax clearance certificate. The said certificate under annexure-6 is to the following effect:

(3.) The letter dated 31-12-2005 under Annexure-8 was issued by opposite party No. 3, O.S.D.-cum-Deputy Secretary to Government, Department of Water Resources to the Chief Engineer, Upper Indravati Irrigation Project-opposite party No. 2 indicating therein that the bid of the petitioner cannot be accepted without sales tax clearance certificate and negotiation may be held with the next lowest bidder to match the price quoted by the petitioner. The petitioner being aggrieved by the said letter under Annexure-8 has approached this Court under Article 226 of the Constitution of India with a prayer to quash the said letter under Annexure-8 and further to direct the opposite parties 2 and 4 to. accept the petitioner's tender in respect of the works mentioned in SI. Nos. 4 and 5 of the NIT.