Srinibash Mishra vs State Of Odisha & Others
2023 Latest Caselaw 12546 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                           W.P.(C) No.33752 of 2023

Srinibash Mishra                     .....                               Petitioner
                                                        Mr. P.C. Nayak, Advocate
                                     Vs.
State of Odisha & Others             .....                         Opposite Parties

                                                        Mr. P.P. Mohanty, AGA
            CORAM:
                ACTING CHIEF JUSTICE DR. B.R. SARANGI
                MR. JUSTICE MURAHARI SRI RAMAN

                                            ORDER

12.10.2023 Order No. This matter is taken up through hybrid mode.

01.

2. Heard.

3. The present Writ Petition has been filed with the following prayer:-

"It is therefore prayed that, this Hon'ble Court may be graciously pleased to issue Rule NISI, in the nature of any appropriate writ/writs and/or any other writ/writs and/or order/orders and/or direction/directions directing the tender authority/committee to consider the technical bid of the petitioner ignoring by ignoring typographical error made in Schedule-F affidavit under Annexure-3 uploaded in the tender for the work improvement such as widening and strengthening of Mendhimal to Barakuda PWD Road via Bahalpada and Rambhikata from 0/000 km to 20/300 km in the district of Boudh under State Plan Bid Identification No.CE-DPI & R- 12/2023-24 and to accept the correct Affidavit submitted by the petitioner on 06.10.2023 under Annexure-5 and to consider the representation of the petitioner dated 09.10.2023 under Annexure-6 in terms of the judgment in case of Sri Kaustuva Sahu vs. State of Odisha and others reported in OLR 2017(ii) pg.342 before finalization of the tender."

4. In course of hearing, learned counsel for the Petitioner

states that highlighting his grievances, the Petitioner has made a representation to Opposite Party No.2 vide Annexure-6 and the same may be directed to be considered taking into consideration the judgment of this Court in Sri Kaustuva Sahu vs. State of Odisha and others, 2017 (II) OLR-342 within a stipulated time, to which learned Counsel for the State has no objection.

5. As agreed by learned counsel for the parties and after going through the records, this Court, without expressing any opinion on the merits of the case, disposes of the Writ Petition directing Opposite Party No.2 to consider the representation filed by the petitioner vide Annexure-6, and pass appropriate order in accordance with law taking into consideration the judgment of this Court in Sri Kaustuva Sahu (supra) within a period of three months from the date of production of certified copy of this order.

Issue urgent certified copy as per Rules.

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



          Laxmikant                                                      (M.S. RAMAN)
                                                                            JUDGE




Signature Not Verified
Digitally Signed
Signed by: LAXMIKANT MOHAPATRA
Designation: Junior Stenographer
Reason: Authentication

Location: HIGH COURT OF ORISSA, CUTTACK Date: 13-Oct-2023 10:17:55