PRADEEP KUMAR SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner, challenging the action of the opposite parties 1 & 2 in rejecting his tender paper for construction of super passage across Salandi Left Main Canal at RD. 8910M of I.A.B.P. under A.I.B.P. for the year 2008-09, has filed this writ petition invoking the jurisdiction under Article 227 of the Constitution of India.

(2.) The facts, as narrated in the writ petition, are as follows : The Executive Engineer, Salandi Canal Division, Bhadrak on behalf of the Governor of Orissa published a Tender Call Notice inviting applications from the eligible class of contractors registered with the State Government for giving their item rate bids for construction of 14 (fourteen) items of works indicated in the said tender. The sale and receipt of the bid documents started from 1-10-2008 and closed on 16-10-2008 at 3.00 p.m. The petitioner being an "A" Class registered contractor, purchased the tender paper for the item of works against Sl. No. 11 in the Tender Call Notice i.e. the work for construction of super passage across Salandi Left Main Canal at RD.8910M of I.A.B.P. under A.I.B.P for the year 2008-09 and submitted the tender paper as per the terms and conditions of the Tender Call Notice. As per the said tender Call Notice, the tenderer is required to deposit the additional performance security to the extent of differential cost of 90% of the admitted cost.

(3.) For better appreciation, Clause 6 of the said Tender Call Notice is extracted below :