Orissa High Court
Unknown vs Hon'Ble The Chief Justice Mr. Mohammad ... on 10 November, 2020
Bench: Mohammad Rafiq, B.R. Sarangi
W.P.(C) No. 16375 of 2020
HON'BLE THE CHIEF JUSTICE MR. MOHAMMAD RAFIQ
HON'BLE DR. JUSTICE B.R. SARANGI
02. 10.11.2020 Mr. S.G. Das, Adv. : For the Petitioner
Mr. S. Palit, A.G.A. : For State-Opp. Parties
ORDER
Heard learned counsel for the parties by Video Conferencing mode.
The petitioner has filed this writ petition seeking direction to the opposite parties to conduct re-tender/de-novo tender in those blocks of Bolangir where single tender has been received and where single tenderer has been selected after scrutiny of technical bids within a stipulated time.
The factual matrix of the case, in hand, is that Odisha State Civil Supplies Corporation Limited (OSCSC) floated a tender for selection of transport contractor Level-II for the year 2019-21 in different district of Odisha and, as such, a tender relating to the aforesaid purpose was also floated in Bolangir district bearing tender no.1017/2019. As per the scheduled programme stipulated by the Managing Director, OSCSC Ltd., Bhubaneswar and communication vide letter dated 28.05.2019, the tender committee meeting for opening of technical bids for selection of Level-II transport contractor for the year 2019-21 was held on 03.06.2019 at 11.00 AM. Accordingly, tender papers were opened for verification of documents as per unit wise for 16 nos. of units of Bolangir district and details of findings on verification of technical bids of the tender unit was published. So far as Agalpur, Deogaon, Loisingha, Puintala, Gudvella, Saintala, Bolangir, Patnagarh -2- block and Tureikela, Patnagarh and Kantabanjhi NAC are concerned, after scrutiny of technical bid only single tenderer were qualified. As such, the petitioner was disqualified in technical bid held at Tureikela block and NAC and a single tenderer was qualified in the technical bid who was allowed to participate in the price bid.
The Managing Director, OSCSC Ltd. vide letter dated 22.06.2019 directed that all the single tenders received and all the tenders with disqualification of a single tenderer after scrutiny of technical bid may be annulled forthwith going for a de-novo tendering within a period of 15 days for selling/webhosting of tender papers. If single tender is received even after re-tendering, then such tenders may be opened and approval of the next higher authority must be obtained and if the tender is otherwise in order, the same is acceptable. Accordingly, in different districts, re-tender has already been taken place in those blocks where single tender was received and where single tenderer was selected. But so far as the case of the petitioner in Tureikela block and Kantabanjhi NAC are concerned, no such re-tender has been made. Hence this application.
Mr. S.G. Das, learned counsel for the petitioner contended that so far as Bolangir district is concerned, in respect of single tender no re-tender has been started. Therefore, the petitioner has approached this Court by filing the present writ petition.
Mr. S. Palit, learned Addl. Government Advocate contended that so far as the petitioner block and NAC are concerned, three tenders were received and finding on verification of documents against each bidder had been given -3- and, as such, two of the tenderers bid were not accepted which includes the petitioner, therefore, on the basis of the documents available if the third bidder was come out successful, it cannot be termed as single bidder. It is contended that the petitioner cannot come with a general prayer to have a tender in respect of Bolangir district in which single tender has been received instead of indicating the block/NAC from which the petitioner wants to participate in the bid. Unless a single prayer is made to that extent, the writ petition cannot sustain.
Having heard learned counsel for the parties and after going through the records, this Court is not inclined to issue notice to other opposite parties at the stage of admission and prima facie, this Court is of the considered view that the petitioner has made a prayer in general nature instead of ventilating his own grievance being a person aggrieved and, as such, the relief sought by the petitioner cannot be granted. Otherwise also, the claim of the petitioner in respect of the block in which he has participated where out of three tenderers, two have not been come out successful including the petitioner and the third bidder whose documents were in order, was selected to participate in price bid.
In the above view of the matter, the writ petition merits no consideration and the same is accordingly dismissed.
As COVID-19 pandemic situation is continuing, learned counsel for the petitioner may utilize the soft copy of this order available in the High Court's website or print out thereof at par with certified copies in the manner prescribed, vide Court's Notice No.4587, dated 25.03.2020.
Alok/Ashok
(Dr. B.R. Sarangi) (Mohammad Rafiq)
Judge Chief Justice
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