SUBASISH PATTANAIK Vs. STATE OF ODISHA

JUDGEMENT

(1.) In response to tender call notice dated 24.09.2015 inviting tenders for construction of 2.50 lakh litters capacity water tank, the petitioner, Subasish Pattanaik as well as two other bidders, namely, Tapaswini Biswal and Arta Ranjan Biswal had applied for within time, that is before the last date for submission of bids which was 26.10.2015. The date of opening of the bids was scheduled for 31.10.2015. As per the record, the bids were not opened on 31.10.2015 but on 02.11.2015 between 5.39 P.M. and 5.41 P.M., as would be clear from the Finance Bid Opening Summary dated 04.11.2015, filed as Annexure-5 to the writ petition. By the same document, that is the Finance Bid Opening Summary, it was also communicated that "The tender is hereby cancelled as a single bid has been received for 1st time tender call". Challenging the same this writ petition has been filed with a further prayer that, being the lowest bidder, the contract be awarded in favour of the petitioner.

(2.) It is contended that it was a case of three bidders participating in response to the tender call notice, in which the bid of the petitioner was the lowest and it is alleged that since the opposite parties, more particularly opposite party no. 5-Executive Engineer, were interested in obliging a particular party whose bid was not the lowest and that of the petitioner happened to be the lowest, the tender had been cancelled on the ground of there being only single bid, whereas three bidders had participated and at least two had qualified.

(3.) We have heard Ms. S. Mohapatra, learned counsel for the petitioner and Shri P.K. Muduli, learned Addl. Government Advocate for the State-opposite parties and perused the record. Pleadings between the parties have been exchanged. On consent of learned counsel for the parties, this petition is being disposed of at the admission stage.