DILIP KUMAR PATNAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) As the three writ applications involve identical disputes, they are taken up together. Petitioner in each case questions settlement of contracts in respect of computerisation of land records of several districts of the State. Petitioner Dillip Kumar Patnaik, petitioner in O.J.C. No. 11482 of 1997 makes grievance in respect of Ganjam district whereas Ashok Agarwalla, petitioner in O.J.C. No. 17194 of 1997 makes grievance in respect of districts of Cuttack, Jajpur, Jagatsghpur, Kendrapara, Puri, Khurda, Nayagarh, Dhenkanal, Angul and Boudh. Petitioner M/s Computer Action Pvt. Ltd. in O.J.C. No. 3949 of 1998 makes grievance in respect of districts of Ganjam, Gajapati, Dhenkanal and Angul.

(2.) Common background facts as presented by the petitioners are as follows:The Director of Land Records and Survey, Orissa, Cuttack wrote to various concerns intimating them about the computerisation of land records for various districts. For this purpose it was proposed to entrust the Data Entry work to private Data Entry Houses. A draft tender proforma was enclosed. Suggestions for additions and alterations were requested to be furnished. Subsequently tender notice was published in the daily 'Samaj' dated 25-8-1996 inviting tenders from reputed Computer Data-Entry Houses for computerisation of record-of-rights in respect of six districts. Petitioners submitted their tender papers indicating therein some general terms and conditions. Requisite papers and security amount were deposited and the prices were quoted. Petitioner in each case along with others were invited for negotiation. During negotiation petitioners, and others who attended the same were forced to agree to complete the work at the rate of Rs. 2.80 paise, though the rates in respect of different categories were quoted at higher figures earlier. Subsequently the petitioners objected to the modalities adopted and requested for re-consideration of the matter. While the matter stood thus, without considering the prayer of petitioners for reconsideration and without giving any further hearing, attempts are being made to settle the work after negotiation with some other persons. Petitioners are ready and willing to negotiate if opportunity is given.

(3.) Several persons have filed applications to be added as intervenors, taking the stand that they have been already allotted the work. Further the averments made are not factually correct. In the counter affidavit filed by the State and its functionaries, it has been stated that 49 tenders were received, and those were placed before the State Level Tender Committee on 16-12-1996. It was noticed that the rates quoted by different tenderers varied from Rs. 0.35 paise to Rs. 12.82 paise and because of such wide variance, the matter was referred to National Information Centre (in short, 'NIC') for opinion. The Senior System Analyst of NIC gave a calculation that the minimum workable rate would be Rs. 1.48 paise for 100 characters. Considering the same, the State Level Tender Committee in its meeting held on 26-3-1997 decided to circulate the details of work involved, consumable, data cartridge, gist terminal etc. required and calculation sheet of minimum workable rates as given by NIC to all the tenderers. They were required to quote their rates and to give their final offers by 30-4-1997 along with necessary earnest money deposit (in short, 'EMD'), and preference of districts. All the petitioners were given opportunity. Petitioner Dillip Kumar Patnaik had submitted tender without depositing EMD and had indicated that same shall be deposited at the time of accepting the work order. Though he had not deposited the EMD, he was given opportunity along with others to indicate his rates. Rates quoted by the petitioners in respect of different districts are as follows:Dilip Kumar PatnaikRs. 3.65 paise for Ganjam district(OJC No. 11482/97)Rs. 3.80 paise for the districts other than Ganjam.Ashok AgarwallaRs. 3.65 paise for category I districts(OJC No. 17194/97)Rs. 3.80 paise for Category II districts.Rs. 3.95 paise for Category III districts.M/s. Computer Action Pvt. Ltd.For the districts of Jagatsinghpur, Kendrapara, Dehnkanal and Angul-Rs. 2.78 paiseFor Cuttack district-Rate will be less than two paise as per last offer price given by the party.It had submitted tender at the rate of Rs. 3.35 paise for 100 characterThe tenders received were opened on 6-5-1997. Rate offered by one Scion Computers (opposite Party No. 3 in O.J.C. No. 11482 of 1997 was 1.3.49 for Ganjam as well as other districts. The Director of Land Records and Survey has been authorised by the State Level Tender Committee in its meeting held on 23-5-1997 to make negotiation with the firms offering lowest rates fixed for different groups of districts. On negotiation the aforesaid M/s. Scion Computers (Opp. Party No. 3 in O.J.C. No. 11482/97) agreed to do the work for Ganjam district at the rate of Rs. 2.80 paise for 100 characters fixed by the State Level Tender Committee while the other firm, viz; M/s. Network International, Bhubaneswar preferred another district. That very day, Opp. Party No. 2 annouced that M/s. Scion Computers was selected for the work in respect of Ganjam district. The tender was an open competition among the bidders, and those who had quoted lowest rates were called for negotiation, as negotiation with all the offerers would not have fetched any positive result, as no decision could have been arrived at had many of the firms opted to do the work at the rate fixed, i.e. Rs. 2.30 paise. As a joint representation was received stating that the rate of Rs. 2.80 paise was imposed on them, fresh negotiation should be made.