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IN THE HIGH COURT OF ORISSA AT CUTTACK
CHAKRADHARI SHARAN SINGH, C.J., SAVITRI RATHO, S.S. MISHRA
Nanda Infra Construction Pvt. Ltd. – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. challenge to ifb cancellation (Para 2) |
| 2. petitioner's arguments (Para 7 , 8) |
| 3. court's analysis of law (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 24 , 25 , 26 , 27 , 28 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39) |
| 4. court's final decision (Para 40 , 41 , 42 , 43) |
JUDGMENT :
Savitri Ratho, J.
For an authoritative pronouncement, the following questions had been referred to larger Bench on 18.11.2024 by a Division Bench of this Court in these two writ applications:
“i.) Whether the observations made by the Supreme Court in paragraph-8 of the decision in Mohinder Singh Gill vs The Chief Election Officer: AIR 1978 SC 851 has application to test the correctness of a purely administrative order by an authority, which is State within the meaning of Article-12 of the Constitution of India, cancelling a tender process before acceptance of the bid of a tenderer?
ii.) Whether there is any requirement of giving an opportunity of hearing or prior notice to the highest/lowest bidder, before cancellation of tender notice keeping in mind the settled legal position that such bidder does not acquire any vested right to have the auction confirmed in
The court clarified that no opportunity of hearing is required for the lowest bidder before cancellation of a tender notice, as no vested right exists until the bid is confirmed.
The tender inviting authority has the right to accept or reject any bid and to annul the bidding process at any time prior to the award of contract without assigning any reason.
The cancellation of a tender based on a quashed blacklisting order without a stay is arbitrary and unsustainable under judicial review, affirming the obligation of authorities to act fairly in public....
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