M/S. G.R. Construction vs State Of Odisha And Others
2023 Latest Caselaw 14250 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.P.(C) No. 36867 of 2023

M/s. G.R. Construction,             .....                                   Petitioner
Kalahandi
                                                           Mr. P.C. Nayak, Advocate
                                    Vs.
State of Odisha and others          .....                            Opposite Parties
                                                         Mr. P.P. Mohanty, Advocate
            CORAM:
               ACTING CHIEF JUSTICE DR. B.R. SARANGI
               MR. JUSTICE MURAHARI SRI RAMAN

                                            ORDER

10.11.2023

Order No. W.P.(C) No. 36867 of 2023 & I.A. No. 17815 of 2023

01. This matter is taken up through hybrid mode.

2. Heard Mr. P.C. Nayak, learned counsel for the petitioner.

3. The petitioner has filed this writ petition seeking to quash the letter dated 30.10.2023 passed by opposite party no.3 under Annexure- 10 by which the Chief Construction Engineer, Phulbani indicated that the back out of the petitioner from the tender process is confirmed and suitable penal action as per Clause 11.3 of DTCN and relevant codal provisions are being taken against the petitioner.

4. Mr. P.C. Nayak, learned counsel for the petitioner contended that on perusal of the procedure to participate in online bidding e- procurement, it is evident that Clause-11.3 is the mandatory requirement which provides that an inquiry has to be conducted and by giving opportunity action should be taken in conformity with the provisions. To substantiate his contention reliance has been placed to the judgment of this Court in the case of Techno Global Services Pvt. Ltd. v. Additional Chief Secretary and others (W.P.(C) No. 25127 of

2023 disposed of 27.09.2023), which was made confirmed by the Supreme Court of India by dismissing the Special Leave to Appeal (C) No. 24475 of 2023 preferred by Avian Infrastructure and Energy Pvt. Ltd. vide order dated 06.11.2023.

5. Issue notice to the opposite parties both in the writ petition as well as in I.A.

6. Four extra copies of the writ petition be served on learned Additional Government Advocate appearing for opposite parties 1 to 4 within three days for enabling him to obtain instruction and file counter affidavit.

(DR. B.R. SARANGI) ACTING CHIEF JUSTICE

Arun (M.S. RAMAN) JUDGE

Signature Not Verified Digitally Signed Signed by: ARUN KUMAR MISHRA Designation: ADR-cum-Addl. Principal Secretary Reason: Authentication Location: High Court of Orissa Date: 10-Nov-2023 12:51:51