Orissa High Court
Sunil Kumar Dash vs Commissioner Pf Endowments on 21 October, 2024
Bench: K.R. Mohapatra, V. Narasingh
Signature Not Verified
Digitally Signed
Signed by: SASANKA SEKHAR SATAPATHY
Reason: Authentication
Location: HIGH COURT OF ORISSA CUTTACK
Date: 21-Oct-2024 16:40:06
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.25843 of 2024
Sunil Kumar Dash .... Petitioner
Mr. Arun Kumar Acharya, Advocate
-versus-
Commissioner pf Endowments, Odisha, .... Opposite Parties
Bhubaneswar and others
Mr. Amit Kumar Nath, Advocate
(For Commission of Endowments)
CORAM:
MR. JUSTICE K.R. MOHAPATRA
MR. JUSTICE V. NARASINGH
ORDER
Order No. 21.10.2024
1. 1. This matter is taken up through hybrid mode.
2. Petitioner in this writ petition seeks to assail the order dated 4th October, 2024 (Annexure-1) passed by the Commissioner of Endowments, Odisha, Bhubaneswar pursuant to the direction of this Court vide order dated 23rd September, 2024 passed in W.P.(C) No.23309 of 2024.
3. Mr. Acharya, learned counsel for the Petitioner submits that the tender call notice in respect of 'Dipa Dokan' inside the premises of Maa Mangala Temple, Kakatpur, Puri was floated on 5th August, 2024 (Annexure-2). Pursuant to said notice, the Petitioner, Opposite Party No.3-Balaram Dixit and other bidders submitted their bids and the Petitioner was adjudged as the highest bidder. However, the Opposite Party No.3 being not satisfied filed W.P.(C) No.23309 of Page 1 of 4 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 21-Oct-2024 16:40:06 // 2 // 2024 before this Court, which was disposed of on 23rd September, 2024 with the following direction.
"4. In the above state of affairs, at this stage, without expressing any opinion on the merit of the claim / case of the petitioner we dispose of this writ petition with a direction to the Opposite party No.1 to consider the representation of the Petitioner in its proper prospective and dispose of the same in accordance with law by a reasoned order, preferably within a period of ten (10) days hence before proceeding to take further action consequential to the letter under Annexure-4."
3.1 Pursuant to the aforesaid direction of this Court, Opposite Party No.3 made a representation on 25th September, 2024 to the Commissioner of Endowments, which was disposed of vide order under Annexure-1 without providing an opportunity of hearing to the Petitioner. By virtue of the impugned order, the Commissioner of Endowments directed for inviting fresh tender in respect of 'Dipa Dokan', as aforesaid.
3.2 Mr. Acharya, learned counsel for the Petitioner further submits that there was no reason to cancel the tender, as the process of tender had already been completed and the Petitioner being the highest bidder in compliance of the tender conditions had already deposited the bid amount. Hence, he submits that the impugned order under Annexure-1 is not sustainable.
4. Mr. Nath, learned counsel for the Commissioner of Endowments submits that W.P.(C) No.23309 of 2024 was disposed of on 23rd September, 2024 directing the Commissioner to dispose of the representation of the Opposite Party No.3 (Petitioner therein) within a period of ten days from the date of the order before Page 2 of 4 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 21-Oct-2024 16:40:06 // 3 // proceeding to take further action consequential to the letter under Annexure-4 therein. Due to intervenning Durga Puja, which is being observed in the temple no notice could be issued to the Petitioner to have his say in the matter. He, however, submits that since the Commissioner of Endowments directed for inviting fresh tender in respect of the 'Dipa Dokan' situated in the premises of Maa Mangala Temple at Kakatpur, the Petitioner is no way aggrieved.
5. Considering the submissions of learned counsel for the parties, this Court finds that the Petitioner being adjudged as the highest bidder pursuant to tender call notice dated 5th August, 2024 has already deposited the bid amount pursuant to the decision taken and letter issued by the Executive Officer, Maa Mangala Temple Trust Board dated 15th September, 2024 (Annexure-3). As such, an opportunity of hearing should have been given to the Petitioner before taking a decision for fresh auction pursuant to direction of this Court in W.P.(C) No.23309 of 2024. In view of the above, the impugned order/letter under Annexure-1 is not sustainable being violative of principle of natural justice.
6. Accordingly, the letter/order under Annexure-1 is set aside. The Commissioner of Endowments, Odisha, Bhubaneswar- Opposite Party No.1 is directed to take a decision on the representation of Opposite Party No.3 afresh giving opportunity of hearing to the Petitioner, Opposite Party No.3 and all concerned and the entire exercise shall be completed within a period of four weeks hence.
Page 3 of 4 Signature Not Verified Digitally SignedSigned by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 21-Oct-2024 16:40:06 // 4 //
7. In the meantime, keeping in mind the uninterrupted Seva Puja and interest of the devotees, status quo with regard to functioning of 'Dipa Dokan' inside the premises of Maa Mangala Temple at Kakatpur shall be maintained till a decision is taken by the Commissioner of Endowments, Odisha, Bhubaneswar.
8. With the aforesaid observation and direction, the writ petition is disposed of.
Issue urgent certified copy of the order on proper application.
(K.R. Mohapatra) Judge (V. Narasingh) Judge s.s.satapathy Page 4 of 4