Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
HARISH TANDON, CJ., MURAHARI SRI RAMAN
RAPS Infratech Pvt. Ltd. – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. writ petition filed for mandamus regarding tender cancellation. (Para 1 , 2) |
| 2. arguments on legality of tender cancellation. (Para 4 , 5) |
| 3. court's observations on arbitrariness in tender cancellation. (Para 6 , 7) |
| 4. writ petition allowed; cancellation quashed. (Para 8 , 9) |
JUDGMENT :
1. The writ petition was initially filed for writ of mandamus alleging inaction on the part of the authorities in issuing the work order despite having declared the petitioner (s) as the successful bidder in a tender call notice issued by the Works Department, Government of Odisha for widening and strengthening of Bhawanipatna-Gunupur-Kasipur road (SH-44) from 2/500 to 13/095 in the district of Kalahandi under State Plan. Subsequently, the writ petition was amended as the relief claimed therein becomes inappropriate because of the subsequent events and the challenge was made to an order of cancellation of the tender dated 29th November, 2024.
2.1 The petitioner no.1, being a special class contractor, participated in the said tender and emerged successful on 2nd February, 2024. Subsequently the decision of the tender committee was sent to the Government for its approval, which was kept
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....
(1) Cancellation of Tender – Sanctity of contracts is a fundamental principle that underpins stability and predictability of legal and commercial relationships – When public authorities enter into co....
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.
Public authorities must act fairly and cannot arbitrarily terminate contracts without justification, reinforcing the legitimacy of expectations within public-private partnerships.
The main legal point established in the judgment is the requirement for reasons to be provided for administrative decisions, especially in the context of tender cancellations.
Court exercising powers under Article 226 of Constitution of India has jurisdiction to examine decision making process without even going into merits of such decision.
The main legal point established is that the decision-making process in contractual matters must be rational, non-arbitrary, and reasonable, and fair and due opportunity of hearing must be provided b....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
