Jagannath Mohapatra Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Jagannath Mohapatra Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the writ petition, restricted to non-consideration of the petitioner's representation dated 5th February, 2026 in the tender process, survives for adjudication when the opposite parties disclose that the first lowest bidder (L1) was permitted to comply with the tender terms and a work order has been issued in his favour.

Court's answer

In view of the disclosure that the first lowest bidder duly complied with the terms and conditions of the tender document and the work order has been issued in his favour, the writ petition — which was restricted to non-consideration of the petitioner's representation — has become infructuous and is accordingly dismissed.

Key takeaways

The dismissal of the writ petition shall not prevent the petitioner from taking appropriate steps, as may be advised, in accordance with law (liberty reserved).obiter¶¶21

Detailed headnote1 paragraphs

Writ Petition (W.P.(C) No. 7200 of 2026, High Court of Orissa at Cuttack, decided 11.05.2026) filed by the second lowest bidder in a tender process, alleging apathetic and dormant attitude of the tendering authorities in not considering his grievance/representation dated 5th February, 2026 for award of the contract, on the ground that the first lowest bidder had failed to comply with the clauses of the tender. On hearing, the Additional Government Advocate, on instruction, submitted that the Tender Committee subsequently considered the first lowest bidder's case, permitted him to comply with all terms and conditions of the tender document, that such compliance was duly made, and that the work order had already been issued in his favour, corroborative documents being produced before the Court. Holding that the petition, being restricted to non-consideration of the representation, had become infructuous, the Division Bench (Chief Justice Harish Tandon and Justice M.S. Raman) dismissed it, reserving liberty to the petitioner to take appropriate steps in accordance with law.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 7200 of 2026

Jagannath Mohapatra

…. Petitioner

Mr. Gajendranath Rout, Advocate

-versus-

…. State of Odisha and others Opposite Parties

Mr. Saswat Das, Additional Government Advocate

CORAM:

HON’BLE THE CHIEF JUSTICE AND

HON’BLE MR JUSTICE MURAHARI SRI RAMAN

ORDER

Order No.

11.05.2026

1. The instant writ petition is at the behest of the second

1. The instant writ petition is at the behest of the second lowest bidder in a tender process, alleging apathetic and dormant attitude of the tendering authorities in not considering the grievance/representation dated 5^th February, 2026 for awarding the contract to him, as the first lowest bidder failed to comply with the Clauses contained in the tender.

2. Mr. Saswat Das, learned Additional Government Advocate (AGA) appearing on behalf of the opposite parties-State submits on instruction that the Tender Committee subsequently considered the case of the first lowest bidder and, ultimately, permitted him to

Page 1 of 2

comply with all the terms and conditions of the tender document, which, in fact, has been duly complied with and the work order has already been issued in his favour. The corroborative documents in support of such stand are also produced before this Court. Let a copy of the said corroborative documents be handed over to Mr. Gajendranath Rout, learned counsel appearing on behalf of the petitioner.

3. Since the instant writ petition is restricted to nonconsideration of the representation, as the L1 has failed to comply with the terms and conditions enshrined in various clauses of the tender document, in view of the disclosure of the fact as narrated hereinabove, the instant writ petition has become infructuous and is accordingly dismissed.

4. The dismissal of the instant writ petition shall not prevent the petitioner to take appropriate steps, as may be advised, in accordance with law.

(Harish Tandon) Chief Justice

Signature Not Verified

(M.S. Raman)

Digitally Signed

Signed by: SUMANTA BEHERA Reason: Authentication Judge Location: High Court of Orissa, C utta ck Date: 13-May-2026 17:46:00

S. Behera

Page 2 of 2