JUDGMENT :

Vineet Saran, J.

The challenge in this writ petition is to the order dated 28.10.2016 passed by the opposite party no. 2 whereby the Tender Call Notice dated 18.03.2016 has been cancelled.

2. The primary question involved in this petition is as to whether the Tendering Authority would be justified in cancelling the Tender Call Notice, without assigning any reason, even after the Tender Evaluation Committee found two tenders to be valid, and the price bids were opened and recommendation made to the State Government for acceptance of the tender of the lowest bidder. The other question to be considered is whether the reason assigned in the counter affidavit for passing the cancellation order can now be looked into and considered or not; and if yes, then the reasons so assigned in the counter affidavit were justified or not.

3. The brief facts of the case are that in response to the Tender Call Notice dated 18.03.2016 issued by opposite party no.2-Chief Engineer, World Bank Project, Odisha, for “Construction of H.L. Bridge over river Paika near Tipiri on Rahama-Khosalplur-Gobardhanpur road in the district of Jagatsinghpur under NABARD Assistance RIDF-XXII”, three bidders had sub