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2003 Supreme(Ori) 116

R.K.PATRA, PRADIP MOHANTY
Ores India – Appellant
Versus
Steel Authority of India – Respondent


Advocates:
For Petitioner:M/s. I. Mohanty, B.K. Sharma,
B.K. Dash, K.A. Guru and
A.K. Mohanty.
For Opp.Parties:M/s. B. Mishra, G. Agarwal,
B.C. Panda, C.A. Rao, A. Tripathy (For O.P. No.3)
M/s. J.K. Tripathy, B.P. Tripathy, P.K. Chand and D. Satapathy
(For O.Ps 1,2 and 4)

JUDGMENT

R. K. PATRA, J. — This review is directed against the judgment dated 30.5.2002 in O.J.C. No. 3508 of 2002 dismissing the petitioner’s writ petition.

2. The petitioner filed the above writ petition challeng¬ing the validity of the award of the work “Tender for raising, Transporting and loading of Iron ore lump and fines into Railway Wagon at Kalta Iron Mine” as per the 5th N.I.T. (notice inviting tender) in favour of Opp. Party No.3 alleging faulty decision making process of the concerned authority (SAIL). After hearing all the parties concerned, the writ petition was dismissed. The long and the short of the petitioner’s case in the writ petition was that the S.A.I.L. authorities wanted to entrust the work to Opp. Party No.3, but as he had no requisite experience of raising the required quantity of iron ore, the tenders were can¬celled four times and only on the 5th occasion when the qualifi¬cation of raising iron ore was substantively reduced from 8 lakhs M.T. to 2.5 lakhs M.T., which Opp. Party No.3 could be able to qualify, the tender was opened and the work was entrusted to him.

3. Shri I. Mohanty learned counsel for the petitioner submitted that the impugned judgment













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