Orissa High Court
Unknown vs Present : Mr. K.K. Rout on 24 February, 2014
Author: A.K.Goel
Bench: A.K.Goel
W.P.(C) No. 3167 of 2014
Present : Mr. K.K. Rout, Adv. for the petitioner.
02. 24.02.2014This petition seeks direction to reject the bid of the opposite party No.4 for the work in respect of construction of Karnala Check Dam No.1 and Karnala Check Dam No.2 at serial Nos. 8 & 9 of the tender call notice.
According to the petitioner, opposite party No.4 did not submit the original affidavit as per tender conditions. Though, O.P. No.4 is the lowest bidder, since he has not submitted the original affidavit, he should have been disqualified.
We are of the view that every condition of the tender is not to be treated as mandatory in nature so as to render award of work illegal even when decision to award work is bonafide and in favour of lowest bidder which may be otherwise genuine and viable. Thus, in absence of any allegation of fraud or malafides, no interference is called for in the present case.
The petition is dismissed.
.
.............................. A.K.Goel, C.J.
AD ............................. Dr. A.K. Rath, J.