KAUSTUVA SAHU Vs. STATE OF ODISHA

JUDGEMENT

(1.) In response to the Tender Call Notice dated 15.12.2016 issued by the Chief Engineer, Rural Works, Odisha, Bhubaneswar-opposite party No. 3, the petitioner had also applied for one of the eight items which had been advertised. To be more precise, the petitioner had applied for "Construction and maintenance of P.R. road to Brahmantal road in the district of Bargarh under MMSY 2016-2017", which was at Serial No. 5 of Annexure-1 of Tender Call Notice, relating to the list of works. The petitioner had submitted his tender on 30.01.2017. Then, on 23.2.2017, the technical bids of all the bidders were opened and by order of the same day, it was uploaded in the website. Out of five bidders, three bidders were found to be qualified. The bid of fourth bidder was rejected for 'insufficiency of machineries', and the bid of the petitioner was rejected on the ground of 'wrong affidavit'. Challenging the said order of rejection of his tender, the petitioner has approached this Court.

(2.) We have heard learned counsel for the petitioner as well as learned Additional Government Advocate appearing for the opposite parties.

(3.) Perusal of the affidavit filed by the petitioner along with the application, which has been annexed as Annexure-7 to the writ petition, would go to show that the same has been sworn before the Notary Public, Nuapada which was "In the matter of an affidavit to be filed before the Executive Engineer, R.W. Division, Padampur", which is clearly mentioned at the top of the affidavit. In paragraph-2 of the said affidavit, it has been stated that the tender paper has been submitted by the petitioner before the Executive Engineer, R.W. Division, Padampur on 15.12.2016. However, in paragraph 7 of the said affidavit, it has been stated that the tender paper along with other documents have been submitted before the Executive Engineer, M.I. Division, Padampur.