Dismissed¶¶25

Dilip Dora v. State of Odisha

Orissa HC6 Mar 2025WP(C)/3638/2025

Case brief

AI extract

What is this about?

Ama Bus Stand Jeypore tender dispute; Tender Call Notice 20.01.2025 (Annexure-2, Tender No.17); Clause-14 right to match highest bid price; old bus stand stall (12) and hotel (2) allottees; priority allotment claim after eviction and verbal assurance; Sub-Collector-cum-Chairman, Sub-Divisional Ama Bus Stand, Jeypore, Koraput; selection process 05.02.2025; allotment to highest bidders 20.02.2025; petitioners refused to match highest bid; writ petition dismissed; recourse to District Transport Manager; High Court of Orissa at Cuttack; K.R. Mohapatra and S.K. Mishra; 06.03.2025.

What did the court decide?

This Court found no infirmity in the Tender Conditions, more particularly Clause-14, which conferred on old bus stand allottees the opportunity/right to match the highest bid price. ¶¶21

Dilip Dora Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶¶25

Issue for consideration

Whether the impugned Tender Call Notice dated 20th January, 2025 (Annexure-2) for allotment of Stalls/Hotels/Dormitory at Ama Bus Stand, Jeypore, and in particular Clause-14 of the Tender Conditions, suffers from any infirmity and is liable to be set aside. +1 more

¶¶16

Court's answer

This Court found no infirmity in the Tender Conditions, more particularly Clause-14, which conferred on old bus stand allottees the opportunity/right to match the highest bid price.

¶¶21

Ratio / Principle

The Petitioners were given preference to meet the highest bid amount but refused to match it in spite of several opportunities given to them.

¶¶21

Key takeaways

Accordingly, no infirmity was found in the impugned Tender Call Notice or in the allotment of Stalls/Hotels in favour of the highest bidders.ratio¶¶25
If the Petitioners have any other grievance, they may, if so advised, approach the District Transport Manager, Ama Bus Stand, Jeypore, for redressal.obiter¶¶26

Detailed headnote1 paragraphs

Writ petition (W.P.(C) No. 3638 of 2025, High Court of Orissa at Cuttack, order dated 06.03.2025, K.R. Mohapatra & S.K. Mishra, JJ.) by erstwhile traders of Old Bus Stand, Jeypore (Koraput) challenging the Tender Call Notice dated 20th January, 2025 (Annexure-2; Tender No.17) issued by the Sub-Collector-cum-Chairman for allotment of Stalls/Hotels/Dormitory at 'Ama Bus Stand', Jeypore, and seeking priority allotment on the strength of an alleged verbal assurance given after their eviction. Clause-14 of the Tender Conditions gave the 12 stall and 2 hotel allottees of the old bus stand a right to match the highest bid price for the stall/hotel they bid for. Finding no infirmity in the Tender Conditions or Clause-14, and noting that the Petitioners refused to match the highest bid amount despite several opportunities (selection held 05.02.2025; allotments made to highest bidders on 20.02.2025), the Court dismissed the petition as devoid of merit and directed that any residual grievance may be raised with the District Transport Manager, Ama Bus Stand, Jeypore.

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

W.P.(C) NO. 3638 OF 2025

¶3

Dilip Dora and others

¶4

…. Petitioners

¶5

Mr. Tukuna Kumar Mishra, Advocate

¶6

-versus-

¶7

State of Odisha and others

¶8

…. Opp. Parties Mr. Pradeep Kumar Sahoo, Additional Standing Counsel

¶9

CORAM:

¶10

JUSTICE K.R. MOHAPATRA & JUSTICE S.K. MISHRA

ORDER

Order No.

06.03.2025

This matter is taken up through hybrid mode.

¶16

The Petitioners in this writ petition pray for a direction to set aside the Tender Call Notice dated 20^th January, 2025 (Annexure-2) issued by the Sub-Collector-cum-Chairman of Sub-Divisional Ama Bus Stand, Jeypore in the district of Koraput.

¶17

Mr. Mishra, learned counsel submits that the Petitioners were running their business in Old Bus Stand, Jeypore. When the Bus Stand was renovated and new Bus Stand in the name of ‘Ama Bus Stand, Jeyipore’ was constructed, the Sub-Collectorcum-Chairman, Tender Inviting Committee invited tender vide Tender No.17 dated 20^th January, 2025 for allotment of Stalls/Hotels/Dormitory. The Petitioners from the time of their predecessors were running their business at the Old Bus Stand of Jeypore on payment of rent, which was their only source of income. When they were evicted, they were verbally assured to

¶18

Page 1 of 3

¶19

be allotted with Stalls/Hotels/Dormitory at Ama Bus Stand, Jeyipore on priority basis. But the authorities deviating from their assurance published notice under Annexure-2. The Petitioners are very poor and not in a position to meet the highest bid amount as per Clause-14 of the Tender Conditions. Hence, this writ petition has been filed to set aside the said tender call notice and to allot Stalls/Hotels/Dormitory on priority basis in the campus of Ama Bus Stand, Jeypore.

¶20

Mr. Sahoo, learned Additional Standing Counsel, on instruction, submits that the selection process pursuant to the tender call notice under Annexure-2 has already been conducted on 5^th February, 2025 under the Chairmanship of Sub-Collector, Jeypore. The Petitioners were also allowed to meet the highest bid amount on three occasions, but they refused to accept the same. Hence, Stalls/Hotels/Dormitory have already been allotted to the highest bidders on 20^th February, 2025.

¶21

Considering the submissions made by learned counsel for the parties, this Court finds that the Petitioners were given preference to meet the highest bid amount to be allotted with Stalls/Hotels/Dormitory, but they refused to match the highest bid amount in spite of several opportunities given to them. On perusal of record and considering the submission of learned counsel for the parties, we do not find any infirmity in the Tender Conditions, more particularly Clause-14, which is under challenge. For ready reference, Clause-14 of the Tender Conditions is quoted hereunder:

¶22

“14. The allottees of stalls (12 in total) and hotels (2 in total) from the old bus stand will be given the opportunity to exercise their right to match the

¶23

Page 2 of 3

¶24

highest bid price for the stall/hotel they bid for. If an allottee from the old bus stand submits a bid for a particular stall/hotel and matches the highest bid price, the stall/hotel will be allotted to them.”

¶25

Since the Petitioners were running their business in Old Bus Stand, Jeypore from the time of their predecessors, they claim to be allotted with Stalls/Hotels/Dormitory in Ama Bus Stand, Jeypore, if they applied for on priority basis. But, as stated earlier, they refused to match the highest bid amount. Hence, we find no infirmity in the impugned Tender Call Notice or allotment of Stalls/Hotels in favour of the highest bidders. Accordingly, the writ petition being devoid of any merit stands dismissed.

¶26

If the Petitioners have any other grievance, they may, if so advised, approach the District Transport Manager, Ama Bus Stand, Jeypore for redressal of their grievances.

¶27

(K.R. Mohapatra) Judge

¶28

bks

¶29

(S.K. Mishra) Judge

¶30

Signature Not Verified

¶31

Digitally Signed Signed by: BIJAY KUMAR SAHOO Reason: Authentication Location: High Court of Orissa, C utta ck Date: 07-Mar-2025 11:54:45

¶32

Page 3 of 3