Allowed

Samaresh Pati v. State of Odisha

Orissa HC1 Jun 2023WP(C)/17688/2023

Case brief

AI extract

What is this about?

This writ petition challenged the selection of a transport contractor. The Court, while not expressing an opinion on merits, directed the concerned authority to dispose of pending representations and provide a hearing to the petitioner within two weeks, communicating the result within a week.

What did the court decide?

Direction to the concerned authority to dispose of pending representations after hearing within two weeks and communicate the result within a week.

Samaresh Pati Vs State of Odisha — Public Procurement and Tenders | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.17688 of 2023

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Samaresh Pati

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Petitioner

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Mr. Anjan Kumar Biswal, Advocate

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-versus-

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State of Odisha and …. Opp. Parties others

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Order No.

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Mrs. Saswata Pattnaik,
Addl. Government Advocate
Mr. Sameer Kumar Mishra,
Advocate for opposite party
no.2
CORAM:
JUSTICE S.K. SAHOO
JUSTICE MURAHARI SRI RAMAN
ORDER
01.06.2023
This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).

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Learned counsel for the petitioner files an additional affidavit, which is taken on record.

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Heard Mr. Anjan Kumar Biswal, learned counsel for the petitioner, Mr. Sameer Kumar Mishra, learned counsel for opposite party no.2 and Mrs. Saswata Pattnaik, learned Addl. Government Advocate for the State of Odisha.

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In this Writ Petition, the petitioner Samaresh Pati has prayed for a direction to quash the selection of

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// 2 //

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opposite party no.5 Pabitra Mohan Ghadei by allowing the technical bid of opposite party no.5 vide Annexure-4 and all consequential action taken by the tender calling authority as well as the Tender Committee in finalizing the tender in respect of selection and appointment of transport contractor level-II for transportation of CMR for Sukinda Block of Jajpur district.

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It is submitted that ventilating his grievance, the petitioner has filed representations before the Collector -cum- Chairman, District Level Tender Committee, Jajpur (opposite party no.3) since 03.05.2023 and 20.05.2023 under Annexures-4 and 5 but the same have not yet been considered and the Competent Authority may be directed to consider the same in accordance with law after giving an opportunity of hearing to the petitioner.

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Mr. Mishra, learned counsel appearing for opposite party no.2 submitted that similar contentions were raised in another writ petition i.e. W.P.(C) No.15937 of 2023, of course that relates to a different district and this Court while not inclining to grant any relief directed for disposal of the representation.

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Learned counsel for the State has no objection to the prayer made in the writ petition regarding disposal of representation.

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Considering the submissions made by the learned counsel for the respective parties and in view of the limited nature of grievance of the petitioner and

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without expressing any opinion on the merits of the case, this writ petition is disposed of with an observation that if any such representations under Annexures-4 and 5 pending before opposite parties nos.3 and 4, the same shall be disposed of by the concerned authority in accordance with law within a period of two weeks from the date of production of a certified copy of this order along with a copy of the writ petition after giving an opportunity of hearing to the petitioner and all concerned and communicate the result of such exercise to the petitioner within a week of taking the decision.

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Urgent certified copy of this order be granted on
proper application.
(S.K. Sahoo)
Vacation Judge
( M.S. Raman)
Vacation Judge

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RKM

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Signature Not Verified

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Digitally Signed Signed by: RABINDRA KUMAR MISHRA Designation: Personal Assistant Reason: Authentication Location: HIGH COURT OF ORISSA Date: 01-Jun-2023 17:54:39

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Samaresh Pati v. State of Odisha

Case brief

What is this about?

What did the court decide?

Samaresh Pati v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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