JUDGMENT :

VINEET SARAN, J.

The petitioner is an ‘A’ class contractor registered under PWD Contractors’ Registration Rules, 1967, so also is opposite party no.4. The Superintending Engineer, Eastern Circle (R&B), Balasore, on behalf of Governor of Odisha, invited public tender, vide Bid Identification No. SEEC(R&B)-06/2017-18 dated 23.11.2017, for several works including the one at serial no.4, i.e., “Construction of H.L. Bridge over Raigudi Nallah at 80/575 Km on Sergarh-Nilgiri-Kaptipada-Udala-Baripada-Midanapur Road (SH-19) for the year 2017-18” with estimated cost of Rs.3,81,89,339.00 paise. The last date of submission of bid was 22.12.2017 up to 5.00 PM. The date of opening of technical bid cover was 27.12.2017 at 4.00 PM. Pursuant to such tender call notice, 13 bidders participated including the petitioner as well as opposite party no.4. The petitioner, having complied with all criteria, qualified in the technical bid. Thereafter, price bid was opened on 12.02.2018 and it was found that the petitioner was 1st lowest tenderer and the opposite party no.4 was 5th lowest tenderer. Therefore, in normal course, the petitioner, being the L-1, should have been given the tender. Instead