MURALIDHAR SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) Refusal to issue tender papers for submission to tender in respect of Tender Call Notice for undertaking the works of widening to 4 lanes of the existing two lanes of NH -5 from Km. 412.5 to 418.00 Km. of Visakhapatnam -Bhubaneswar Section (Job. No. 005 -OR -96 -131) under N. H. Division, Bhubaneswar, and widening to two lanes from Km. 201 -29 to 20o -60 Km. of Cuttack - Sambalpur Section of N. H. 42 (Job No. 042 -OR -96 -132) under N. H. Division, Sambalpur has brought petitioner before this Court.

(2.) THE factual position as presented by the parties essentially is as follows : A Tender Call Notice dated 2 -7 -1996 was published in various newspapers inviting tenders which were to be submitted in the office of the Chief Engineer, National Highway, Orissa. It was published in 'The Samaj' on 23 -7 -1995. It inter alia stipulated that eligible registered super class/special class contractors only of Orissa State PWD/ CPWD/ MES and other State eligible contractors possessing requisite numbers of road making machineries of their own were eligible to offer tender. There were other stipulations which are not relevant for the present dispute. It was indicated that the tender papers shall be sold in the office of the Chief Engineer. National Highway, Orissa, Sachivalaya Marg, Bhubaneswar -751001 during office hourse on working days up to 12 -9 -1996, as per rules in vogue, and certificate from an Executive Engineer of National Highway Organisation regarding owning of such machineries indicating therein location, specification and performance was required to be submitted. There was a subsequent tender call notice and the road making machineries were specified. Dispute in the present writ petition revolves round the second tender call notice, and the relevant stipulation reads as follows: 'Sealed tenders in double cover system are invited in the prescribed form to be eventually drawn up in the PWD F -2 forms as per tender schedule in confirmity with DTCN for the following works from the eligible registered Super Class/ Special Class contractors of OrissaState PWD and others State eligible contractors possessing requisite numbers of road making machineries like Big Hot Mix Plant, Hydraulic Paver Finisher with electronic Sensor device. Tar boiler, Bitumen sprayers, vibratory Road Rollers, Power Road Rollers Tippers and P. E. Loader etc. of M. 0. S. T. specification of their own. xxx (8) Tender papers shall be issued on production of valid ITCC, STCC, Original Registration Certificate, Work experience as stipulated above and certificate from an Executive Engineer of N. H. Organisation regarding owning of such machineries indicating therein location, specification and performance. (9) Cover I should contain the details of machineries in possession of the tender. Experience in completing road work during five years time, name, value of works in hand, Xerox copies of STCC, ITCC, Registration Certificate and E. M. D., D. T. C. N. and special condition, if any.' Petitioner applied for tender papers which were notissed on the ground that he did not possess one of the requisite road making machineries, i. e. Hydraulic Paver Finisher with electronic Sensor device.

(3.) THE word 'like' as defined in Webster's Dictionary means 'equal in quantity, quality, or degree, exactly corresponding'; so that 'in like manner' means 'with same force and effect'. While the context often determines its signification the term is generally defined to mean 'analogous; resembling; having resemblance similar; equal; same in quantity, amount, or extent, having the same, or nearly the same, appearance, qualities, or characteristics; resembling; similar, to, equal in quantity, quality,, or degree; exactly corresponding'. In the aforesaid premises, the plea that there cannot be insistence on possession of the specified machinery, and without electronic sensor device, condition is fulfilled is without substance,