JUDGMENT :

Dr. B.R Sarangi, J.

Being aggrieved by the letter dated 20.02.2016 issued by the Chief Engineer (DIP & ROADS), Odisha, Office of the Engineer-in-Chief, Civil, Odisha, (Annexure-8), rejecting the allegation of the petitioner and accepting the tender of the first lowest bidder-Sri Banti Kumar Agarwal, opposite party no.4, the present writ petition has been filed.

2. By orders dated 21.03.2016 and 04.04.2016, learned counsel for the State was directed to obtain instruction in the matter and on the basis of the instruction received, the writ petition is finally heard and disposed of with the consent of the learned counsel for the parties without calling for counter affidavit.

3. Mr. D. Mund, learned counsel for the petitioner strenuously urged that as per Clause-3.17 of the Detailed Tender Call Notice (DTCN), due no non-disclosure of information, the EMD/BID security shall stand forfeited and registration in the quota shall be blocked and the bidder is liable to be blacklisted. It is further urged that the L1 bidder (opposite party no.4) having suppressed the material facts, which are required to be disclosed and non-disclosure of some ongoing projects is violative of Clause-3.1