Vineet Saran - (1.) In response to the Tender Call Notice dated 12.08.2016 issued by opposite party No.2-Chief Engineer (DPI and Roads), Works Department, Bhubaneswar for the work "Improvement of Badachana-Balichandrapur Road From 7/200 KM to 11/980 Km under State Plan" for estimated cost of Rs. 5,38,43,202/, the petitioner as well as four other contractors had applied. The technical bids of all the five tenderers were considered by the Tender Evaluation Committee on 18.11.2016. Except the technical bid of the petitioner, the bids of other four bidders were found to be technically disqualified and the petitioner alone was found to be qualified bidder. The proceedings of the Tender Evaluation Committee dated 18.11.2016 reveals that the Committee recommended for cancelation of the tender on the following grounds: "After detail scrutiny of the bid documents furnished by the bidders and complain and compliance received by this office, the findings of the Committee are as follows: JUDGEMENT_104_LAWS(ORI)5_2017_1.html After detailed discussion, the Committee unanimously decided to cancel the tender and retender the work for competitive bidding".
(2.) Pursuant thereto, the opposite party No.2 cancelled the tender vide its order dated 25.11.2016. This petition is thus filed with the prayer for quashing the recommendation of the Tender Evaluation Committee in its meeting dated 18.11.2016 and for cancelation of bid by order dated 25.11.2016 and to open the financial bid of the petitioner so as to settle the tender in its favour. Pursuant to order dated 25.11.2016, the opposite parties issued fresh tender call notice dated 26.11.2016, which has also been challenged in this writ petition.
(3.) We have heard Sri Milan Kanungo, learned Senior Counsel appearing along with Sri S.Mishra and Sri S.R.Mohanty, learned counsel for the petitioner, as well as learned Additional Government Advocate appearing for the opposite parties. Pleadings between the parties having been exchanged and on consent of the parties, this writ petition is disposed of at the admission stage.;