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2018 Supreme(Ori) 436

VINEET SARAN, B.R.SARANGI
Sanjay Kumar Rout – Appellant
Versus
State of Odisha – Respondent


Advocate Appeared:
For the Petitioner:M/s. G.M. Rath, S.S. Padhy, S. Satpathy, S. Mishra and S. Diwedi, Advocates.
For the Opp. Parties :Mr. B.P. Pradhan, Addl. Government Advocate

JUDGMENT :

B.R. SARANGI, J.

1. The Superintending Engineer, Rural Works Circle, Cuttackopposite party no.3 on behalf of State of Odisha-opposite party no.1 through e-procurement portal invited National Competitive Bidding (NCB) for works under Mukhya Mantri Sadak Yojana (MMSY) and accordingly published notice inviting tender vide Tender Online RWC10 dated 01.07.2015. As per the NCB, 42 works under various divisions have been notified. The petitioner participated in three of such works under Cuttack Division at serial nos.4, 9 and 13, namely, "construction and maintenance of Sarakor to Sutinda Road under MMSY for 2015-16 in the district of Cuttack", "construction and maintenance of PWD Road to Nakhara Road under MMSY for 2015-16 in the district of Cuttack" and "construction and maintenance of Kakatpur Branch Canal to Arada Road under MMSY for 2015-16 in the district of Cuttack" with a time of completion of nine calendar months. As per such advertisement, the approximate cost has been fixed at Rs.284.56, 281.51 and 240.07 lakhs respectively. In respect of each of the work, EMD has been fixed to Rs.2.85, Rs.2.82 and Rs.2.41 lakhs respectively and the class of contractors has been specif




























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