SUVENDU PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THESE are two writ petitions filed by the petitioners claiming to be agents of the Industrial Development Corporation of Orissa Limited (in short 'IDCOL), which is an undertaking of the Government of Orissa. The petitioners in both the writ petitions were appointed as agents by the IDCOL for trading of unserviceable scrap materials, equipment, machineries and surplus materials for disposal of Water Resources Department and other Government agencies and the area of operation was confined to the Upper Mahanadi basin. The petitioner of writ petition bearing number W.P.(C) No.14752 of 2006, namely, Suvendu Pradhan, Proprietor of M/s. Pradhan Engineers and Enterprisers, has prayed for a direction to the IDCOL to take all steps for disposal of the unserviceable scrap materials of copper cable for which the tender had been finalized in his favour. The petitioner of writ petition number W.P.(C) No.16813 of 2006 has also sought a direction to IDCOL to issue orders to the petitioner to deposit the required amount for removing the scrap materials and in case of its failure to do so, one of the opposite parties amongst opposite party Nos.1 to 3, i.e., the State of Orissa, Chief Engineer, Mechanical, Office of Engineer -in -Chief, Water Resources and Executive Engineer, Main Dam Division, be directed to issue orders directly to the petitioner to deposit the required amount as per the approved rate to lift the scrap materials in question.

(2.) THE brief facts of the case are that IDCOL in the capacity of contractor used to take contracts for disposal of unserviceable scrap materials including copper cables pertaining to main Dam Division, Burla. However, under agreement, it used to appoint agents for trading of the unserviceable scrap materials keeping some margin money of the rate with it. IDCOL in the instant matter offered Rs.84/ - per kg. for copper cable excluding all taxes and duties which was accepted by Government vide their letter dated 22.12.2004.

(3.) AGAINST the aforesaid order dated 20.1.2005, the petitioner of writ petition W.P.(C) No.16813 of 2006, namely,Bishnu Prasad Das filed a S.L.P. in the Honble apex Court registered as S.L.P.(C) No. 5959(C) of 2005. The Honble Apex Court granted leave to appeal and the said S.L.P. was registered as Civil Appeal No.2402 of 2006 and was disposed of vide order dated 1.5.2006 holding that the order of the High Court is indefensible on more than one counts.