AJOYA KUMAR PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner is an unemployed civil engineering graduate and is a registered Class-A contractor. A notice inviting tenders was issued on 16-9-1997, vide Ann-exure-1 for construction of vented causeway over Sialjore Nallah at 8th km. on M. R. D.-31 to Jarabaga Road in Sambalpur District. In the tender notice, it was indicated that the tenderers should possess/procure the machineries required for the work as the department would not supply the machineries. The case of the petitioner is that though he was the lowest tenderer, the contract was not awarded to him.

(2.) In the counter affidavit, it is not disputed that sealed tenders were invited for the above work. It has been stated that there were eleven tenderers and nine were found valid. It is also not disputed that the tender of the petitioner was the lowest. It has, however, been stated that it was found that the petitioner does not possess the machineries required for the work and the machineries which the petitioner was to obtain were on hire basis. A categorical statement has been made that the petitioner does not even have a truck. According to the opposite parties, the petitioner does not have adequate experience in the present type of construction. Therefore, it was decided to give the contract to the second lowest tenderer, who also reduced the amount.

(3.) We have heard the learned counsel for the parties.