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IN THE HIGH COURT OF ORISSA AT CUTTACK
HARISH TANDON, MURAHARI SRI RAMAN
Mythri Infrastructure and Mining India Private Limited – Appellant
Versus
Managing Director Odisha Mining Corporation Limited – Respondent
| Table of Content |
|---|
| 1. background of the tender process and cancellation (Para 1 , 2) |
| 2. parties' arguments regarding tender cancellation (Para 3 , 4 , 5 , 6) |
| 3. court's analysis of tender process legality (Para 7 , 8 , 9) |
| 4. judicial review of administrative actions in tendering (Para 10 , 11) |
| 5. conclusion quashing tender cancellation (Para 12) |
JUDGMENT :
Flagging arbitrariness in issue of Tender Cancellation Notice dated 05.01.2026 (Annexure-10), whereby the tender floated vide RfP No.193/OMC/P&T/2025, dated 03.11.2025 and e-Tender No.OMC/25-26/ET/3 by M/s. Odisha Mining Corporation Limited for Selection of Mine Operator for Kodingamali Bauxite Mine in the district of Koraput and Rayagada in the State of Odisha through Reverse Auction Bidding Process has been cancelled after the petitioner emerged as successful bidder upon opening the technical as well as the price bids, and undertaking reverse auction bidding process, the instant writ petition has been filed beseeching to invoke power of judicial review under Article 226 of the Constitution of India to grant following relief(s):
And further as to why, the opposite parties shall not be directed to issue work order to the Petitioner in purs
The cancellation of a tender by an authority after the bidding process is complete is arbitrary unless supported by clear, substantiated justifications, reaffirming the need for transparency and fair....
The authority may cancel a tender without reason if lack of competition is evident; bidders have no enforceable rights without formal acceptance of their bids.
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 court emphasized the limited scope of judicial review in tender matters, the importance of punctilious and rigid enforcement of tender terms, and the uniform application of tender requirements to....
District Collector is not empowered to consider the aspect of alteration of any route or alignment except to remove difficulties faced by the licensee. As a result of this, even the request of altern....
The decision of the employer in interpreting the conditions of eligibility in a tender document must be respected unless it is shown to be arbitrary, outrageous, and highly unreasonable.
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