JUDGMENT :

S.K. Mishra, J. - The pivotal question, which arises in these writ applications, is whether the authorities of Paradeep Port Trust (hereinafter referred as the "PPT") has the option of canceling the tender because of the fact that the price offered by the Petitioner to purchase the Spillage Iron Ore from it was below the off set price fixed by the opposite party No. 1.

2. The Petitioner is a Proprietorship concern having its branch office at Bhubaneswar. It carries on business of Export of minerals. The Petitioner pleads that it has a very good track record.

On 11.06.2009, the P.P.T. floated a tender call notice vide Notification No. MM/SCRAP/09/2008/1795 inviting sealed tenders from the intending bidders in two bid system i.e. (i) E.M.D. and (ii) Price bid from interested bidders for purchase of spillage Iron Ore of about 14000 M Ts on 'as is where is' basis. The Petitioner was required to pay a non-refundable fees of Rs. 4,000/- in the shape of Bank Draft along with the tender papers and E.M.D. of Rs. 1,00,000/- in shape of demand draft. The tender papers were to be submitted through Regd. Post, Speed Post or by Courier only.

3. The Petitioner being aware of the notice inv