Orissa High Court
M/S Lallooji & Sons vs State Of Odisha And Others .... Opposite ... on 17 November, 2021
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.35042 of 2021
M/s Lallooji & Sons, Gujarat and Petitioners
another
Mr. Ashok Panigrahi, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. Ashok Parija, Advocate General
& Mr. T. Pattnaik, ASC (for O.P. 1)
Mr. R.K. Rout (for O.P.2)
CORAM:
JUSTICE JASWANT SINGH
JUSTICE S.K. PANIGRAHI
ORDER (ORAL)
17.11.2021 Order No.
01. 1. The matter is taken up through hybrid mode.
2. The Petitioners are aggrieved of the order dated 29th October, 2021 (Annexure-4 at page 153), whereby their bid for RFP No.7703 for selection of agency for setting up, operation and management of eco retreats at multiple locations in Odisha for a period of five years (2021-2026) has been found to be non- responsive and further considered ineligible on account of falsification by declaration and suppression of material facts; further challenge is to the Memo dated 5th November, 2021 (Annexure-10) thereby the representation against Annexure-4 has been rejected as also the allegations made qua ineligibility of the other bidder/O.P.2-Deepanshu Agarwal have been rejected.
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3. Heard learned counsel for the Petitioners and the learned Advocate General at some length, and with their able assistance perused the documents on record.
4. Prima facie we find that in the light of the order dated 3rd December, 2020 (Annexure-5) passed by the previous employer of a contract executed by the petitioners contains sufficient material for treating the petitioners as ineligible for the present contract as also for the withholding material facts. However, in the light of the Memo dated 19 August, 2021 (Annexure-8) pertaining to forfeiture of performance guarantee of successful bidder-O.P.2 and thereby affecting his eligibility, a response would be necessary.
5. Issue notice. Mr. T. Pattnaik appears and waives of notice on behalf of O.P. 1. Mr. R.K. Rout appears and waives of notice on behalf of O.P. 2. Let requisite number of copies of the paper book be furnished to the counsel for the parties during course of the day.
6. List on 28.01.2022.
(Jaswant Singh) Judge (S.K. Panigrahi) Judge pcd Page 2 of 2