Decided on February 18,2021

Ashirbad Industries Appellant


B.P.ROUTRAY,J. - (1.) Three petitioners, viz., M/s.Ashirbad Industries, M/s.Poojarini Enterprisers and M/s.Bhagabati Industries have jointly filed the present writ petition challenging the cancellation of Tender Call Notice No.1W/2020-21 invited through e-Tender by the Executive Engineer, Mechanical Division, Bhubaneswar to execute the Hydro Mechanical Gate works under different Civil Divisions.
(2.) The Petitioners state that they all are registered small scale industrial units and in pursuance to Tender Call Notice No.1W/2020- 21, they participated in the tender process for Fabrication, Supply, Transportation and Erection of hydro mechanical gate works under Opposite Party No.5, i.e. the Executive Engineer, Mechanical Division, Bhubaneswar. The tender was available from 21st May, 2020 to 30th May, 2020 through e-Tender with stipulation for opening of the technical bid on 1 st June, 2020. The Petitioners are the successful L-1 bidders for 24 nos. of works as per the tender notice. On 10th June, 2020, Opposite Party No.5 recommended the case of the Petitioners for the work to the Superintending Engineer (Opposite Party No.4) and thereafter the Superintending Engineer further recommended the same to the Chief Engineer (Opposite Party No.3). As there was delay in finalizing the tender process, the Petitioners filed W.P.(C) No.17602/2020, W.P.(C) No.17593/2020 and W.P.(C) No.17594/2020 individually, which were disposed of by this Court with direction to Opposite Party No.5 to consider and dispose of the representation of the Petitioners by passing a reasoned and speaking order after affording reasonable opportunities of hearing to the Petitioners. Since the direction of this Court has not complied in time, CONTC No.3706/2020, CONTC No.3702/2020 and CONTC No.3707/2020 have been preferred by the Petitioners.
(3.) In the meantime, the Superintending Engineer and the Chief Engineer in their orders dated 10th September, 2020 (Annexure-7) and 15th September, 2020 (Annexure-6) intimated Opposite Party No.5 for rejection of the tender as the tender documents are found defective and the discrepancies regarding "Structure and Organization", "Plant and Equipment" and "Performance record" are noticed during re-scrutinization.;

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