The High Court dismissed the Writ Petition challenging the cancellation of a tender due to suspected tender fixation. The Court held that since probabilities existed for cartel formation and works were re-tendered, judicial interference was not warranted.
The Writ Petition was dismissed as being devoid of merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.23851 of 2021
M/s. Sri Omi Infra
Petitioner
Mr. Durga Prasad Nanda, Sr. Adv. Mr. Pradeep Ku. Rout, Adv.
-versus-
State of Odisha & Ors.
…. Opp. Parties
Mr. Tarun Patnaik, ASC
CORAM:
JUSTICE S.K. MISHRA JUSTICE SAVITRI RATHO
ORDER
Order No.
01.09.2021
Page 1 of 4
// 2 //
contract by the Opposite Party No.3 on the ground that there has been a tender fixing.
Page 2 of 4
// 3 //
tenderers should have submitted their bids, most of them were disqualified and the same tenderers have qualified in other different works.
Page 3 of 4
// 4 //
BJ
again the tenders have been floated for the self-same works and the Petitioner has already put in his bid.
( S. K.Mishra)
Judge
( Savitri Ratho )
Judge
Page 4 of 4
2 issues framed by the court
Whether the Writ Court should exercise jurisdiction to interfere with the decision cancelling a tender on probable grounds of tender fixation.
Whether the Chief Engineer's decision to cancel the tender in view of reasonable doubt regarding cartel formation warrants judicial interference.
M/s. Sri Omi Infra
State of Odisha
S.K. Mishra
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
