LAWS(ORI)-2011-12-51

KARTIKESWAR PUROHIT, S/O MADHU SUDAN PUROHIT Vs. STATE OF ORISSA

Decided On December 20, 2011
Kartikeswar Purohit, S/O Madhu Sudan Purohit Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) THIS writ petition has been filed with a prayer to quash the Detailed Tender Call Notice No.3761/DRDA/2010 -11, dated 04.09.2010 (Annexure -1) issued by opposite party No.4 -Project Director, DRDA, Kalahandi on the ground that the same has been issued in gross violation of the Government guidelines dated 24.01.2009, letter dated 25.08.2010, contrary to the principles laid down in the Government policy, against the public interest of that locality and also non -compliance of order dated 29.10.2010 passed by this Court in W.P.(C) No.17855 of 2010. Further prayer of the petitioner is to invite a fresh tender in a fair manner as per direction of this Court dated 29.10.2010.

(2.) THE petitioner, who claims to be an educated and public spirited person of Kalahandi District and takes interest for development and upliftment of the local area, has filed this petition in the nature of public interest litigation. He is always interested for social work and common cause for upliftment of the locality and the financial condition of the tribal people.

(3.) PETITIONER 's case in a nut -shell is that opposite party No.4 - Project Director, DRDA, Kalahandi (for short, "Project Director") vide notice dated 04.09.2010 has published a tender call notice for construction of 100 seated ST Girls' Hostel in different Blocks of Kalahandi District. In the said notice, it was indicated that the sale and receipt of bid documents shall start from 06.09.2010 to 15.09.2010 from 10.00 AM to 5.00 PM in the Office of the DRDA, Kalahandi and shall close on 15.09.2010 at 5.00 PM. As per the tender condition, tender papers can be purchased from the office of the DRDA and also it is stated therein that the tender to be dropped in the aforesaid office in office hour only within 10 days in between purchase and dropping of the tender papers. Though the State Government has directed to all the concerned departments including the Panchayat Raj Department to implement the guideline made in office memorandum dated 24.01.2009 for fair tender to avoid tender fixing, the Project Director with mala fide intention has floated the tender call notice ignoring all the guidelines only to give favour to his near and dear and to grab public money which is meant for tribal people. Hence, the present writ petition.