JUDGMENT

A. S. NAIDU, J. — The petitioner, a Special Class Contractor, seeks to challenge the decision of opposite party Nos. 1 to 4 date 21.1.2003 to award the contract work for execution of “Improvement to Huma Tail Distributory from R. D. 00 K.M. to R. D. 8.00 K.M. including Piplipali Minor” mainly on the ground that the said decision was tainted with extraneous considerations and was otherwise illegal and arbitrary.

2. Admittedly the Tender Call Notice (Annexure-1) was issued by the Executive Engineer, Hirakud N.W.M.P. Division, Bargarh inviting sealed tenders in the prescribed form to be eventually drawn in P.W.D. Form No. F2 from the Super Class and Special Class Contractors, registered under the Water Resources, Works or other Department of Government of Orissa for the afore¬said work along with other works as enlisted in the table con¬tained in the said notice. The work in question appears at serial number 13 of the Tender Call Notice. The said Tender Call Notice was published in the Daily ‘Samaj’ dated 10.8.2002. In response to the said Notice Annexure-1, the petitioner along with three other Contractors submitted their respective tenders and per¬formed all other paraphern