Santosh Kumar Mishra vs State Of Odisha And Others
2023 Latest Caselaw 6932 Ori

                                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                  W.P.(C) No. 18102 of 2023

                Santosh Kumar Mishra                        .....                                Petitioner
                                                                                     Mr. S. Mohanty, Adv.
                                                            Vs.
                State of Odisha and others                  .....                           Opposite Parties
                                                                                    Mr. P.K. Muduli, AGA
                                                                     Mr. S.K. Mishra, Adv.[O.P.Nos.2 to 4]
                                 CORAM:
                                     DR. JUSTICE B.R. SARANGI
                                     MR. JUSTICE M.S. RAMAN

                                                                   ORDER

21.06.2023 Order No. This matter is taken up through hybrid mode.

2. Heard Mr. S. Mohanty, learned counsel for the petitioner; Mr. P.K. Muduli, learned Addl. Government Advocate appearing for the State-opposite parties and Mr. S.K. Mishra, learned counsel appearing for opposite parties no.2 to 4.

3. The petitioner has filed this writ petition seeking to quash the notice inviting tender no.1181 dated 24.04.2023 under Annexure-1 issued for selection of Level-II Transport Contractor 2023-25 and to issue direction to the opposite parties to publish fresh tender notice in respect of Puri district by providing sufficient time for submission of tender.

4. Mr. S. Mohanty, learned counsel for the petitioner contended that the authority issued the impugned notice inviting tender giving a short time and, thereby, the petitioner could not avail the opportunity to participate in the bid. Therefore, the petitioner had earlier approached this Court by filing W.P.(C) No. 16629 of 2023, which was disposed of as withdrawn, vide order dated 23.05.2023, with liberty to pursue his remedy as Signature Not Verifiedwould be available under law. Therefore, the petitioner has Digitally Signed Signed by: ASHOK KUMAR JAGADEB MOHAPATRA Designation: Personal Assistant approached this Court by filing the present writ petition. Reason: Authentication Location: ORISSA HIGH COURT Date: 22-Jun-2023 13:44:19 5. Mr. P.K. Muduli, learned Addl. Government Advocate

appearing for the State-opposite parties contended that once for the selfsame relief the petitioner had already approached this Court, the present writ petition is not maintainable, as the same is barred by res judicata.

6. Mr. S.K. Mishra, learned counsel appearing for opposite parties no.2 to 4 placed the order dated 23.05.2023 passed by this Court in W.P.(C) No. 16629 of 2023, in which it has been recorded that the petitioner had sought time for submission of tender document pursuant to the notice inviting tender under Annexure-1 by extending the last date of submission of bid, but in course of hearing, Mr. Mishra, learned counsel for the Corporation submitted that in the meantime the price bids of the successful bidders have been opened on 18th May 2023 and in view of that learned counsel for the petitioner had withdrawn the writ petition to pursue the remedy as would be available under law.

7. Having heard learned counsel for the parties and after going through the records, including the order dated23.05.2023 passed by this Court in W.P.(C) No. 16629 of 2023 and the prayer made in this writ petition, this Court finds that essentially what the petitioner could not get directly is asking to get the same indirectly, which this Court is not inclined to do. As such, fixation of short time to submit the bid is the prerogative of the tendering authority, in which this Court is not inclined to interfere. More so, in the earlier writ petition the petitioner had sought time to submit the tender document, which was declined by this Court, as a result of which the writ petition was Signature Not Verifiedwithdrawn. Now, the petitioner has sought for quashing of the Digitally Signed notice inviting tender, which has already been acted upon by Signed by: ASHOK KUMAR JAGADEB MOHAPATRA Designation: Personal Assistant Reason: Authentication Location: ORISSA HIGH COURT Date: 22-Jun-2023 13:44:19 opening of the price bid and selecting the successful bidder. As

such, in view of the judgment of the apex Court, that Court should refrain itself from interfering with the contractual matters, unless there is glaring defect in the procedure itself, this Court is not inclined to issue any direction.

8. In the above view of the matter, this Court is not inclined to entertain this writ petition, which is accordingly dismissed.

(DR. B.R. SARANGI) JUDGE

(M.S. RAMAN) Ashok JUDGE

Signature Not Verified Digitally Signed Signed by: ASHOK KUMAR JAGADEB MOHAPATRA Designation: Personal Assistant Reason: Authentication Location: ORISSA HIGH COURT Date: 22-Jun-2023 13:44:19