Sharat Kumar Bhuyan vs State Of Odisha And Others
2023 Latest Caselaw 5142 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                               W.P (C) No. 38563 of 2021

Sharat Kumar Bhuyan                     .....                                    Petitioner
                                                                 Mr. Sanjib Mohanty, Adv.
                                        Vs.
State of Odisha and others              .....                              Opposite Parties
                                                                  Mr. P.P. Mohanty, AGA
              CORAM:
                  DR. JUSTICE B.R. SARANGI
                  MR. JUSTICE M.S. RAMAN

                                               ORDER

04.05.2023 Order No. This matter is taken up through hybrid mode.

04.

2. Heard Mr. S. Mohanty, learned counsel for the petitioner and Mr. P.P. Mohanty, learned Addl. Government Advocate appearing for the State-opposite parties.

3. The petitioner has filed this writ petition seeking to quash the order dated 30.11.2021 under Annexure-5, and to issue direction to opposite party no.4 to issue work order in his favour within a stipulated time, as the petitioner is the lowest bidder in the tender held pursuant to the notice dated 18.11.2021.

4. Mr. S. Mohanty, learned counsel for the petitioner contended that the authority, while cancelling the tender under Annexure-5, has simply assigned reason "unavoidable circumstance". It is contended that the matter is covered by the judgment of this Court in the case of United Contractors Association v. State of Orissa and others, 2018 (I) ILR- CUT-254.

5. Mr. P.P. Mohanty, learned Addl. Government Advocate appearing for the State-opposite parties, looking at the order impugned, also states that since no reasons have been assigned while cancelling the tender, the same cannot be sustained in the eye of law.

6. Having heard learned counsel for the parties and after going through the records, this Court finds that the order passed by the

authority under Annexure-5 is without assigning any reason and, as such, the only reason has been assigned "unavoidable circumstance". Similar question had come up for consideration before this Court in United Contractors Association (supra) and this Court taking into consideration various judgments of the apex Court came to a conclusion that since cancellation of tender so made is without assigning any reason, the same cannot be sustained and accordingly quashed the order of cancellation. Applying the same principles to the present case, the order impugned in Annexure-5 dated 30.11.2021 cannot be sustained in the eye of law and the same is liable to be quashed and is hereby quashed.

7. The writ petition is accordingly disposed of.

(DR. B.R. SARANGI) JUDGE

Ashok (M.S. RAMAN) JUDGE ASHOK Digitally signed by ASHOK KUMAR KUMAR JAGADEB JAGADEB MOHAPATRA Date: 2023.05.05 MOHAPATRA 14:25:26 +05'30'