Balakrushna Mohanty vs State & Ors.
2014 Latest Caselaw 219 Del

                                    W.P.(C) No. 186 of 2013




                   Present : Mr S.K Dalai, Advocate for the petitioner.




8.    10.01.2014                  This petition seeks quashing of notification
                     Annexure-1 and letter dated 20.12.2012 rejecting the
                     technical bid of the petitioner.
                                  The grievance of the petitioner is that he
                     participated in the tender process, but his bid was
                     rejected on the ground of slow progress in the work in
                     previous contract, without considering that in similar
                     circumstances other bids were accepted. The allegation
                     that the work was slow is not accepted by the petitioner.
                     On account of rejection of technical bid, lowest price bid
                     of the petitioner has not been considered.
                                  Learned counsel for the petitioner submits
                     that in view of subsequent developments, prayer for
                     acceptance of bid of the petitioner for present work was
                     not being pressed but in future the view of the petitioner
                     may be taken into account.
                                  Without expressing any opinion on merits of
                     the contention raised, having regard to the fact that the
                     cause of action no more survives, the petition is disposed
                     of without prejudice to the rights and remedies of the
                     petitioner in accordance with law in respect of any future
                     transaction.


                                                                 ..............................
                                                                   A.K.Goel, C.J.

pcp
                                                                  .............................
                                                                   Dr. A.K. Rath, J.