W.P.(C)No.6604 of 2020 and connected matter Page 1 of 9

IN THE HIGH COURT OF ORISSA AT CUTTACK

WRIT PETITION (CIVIL) No. 6604 OF 2020, and

WRIT PETITION (CIVIL) No. 12854 OF 2020

(Applications under Articles 226 and 227 of the Constitution of

India.)

Nilamadhab Joshi

……

Petitioner

Versus

State of Odisha and Others

….… Opposite Parties

Advocate(s) who appeared in these cases by video conferencing mode:-

For Petitioner

:

Mr. A.K. Biswal, Advocate

For Opposite Party Nos.2 and 5 :

Mr. S.K. Mishra, Advocate

For Opposite Party Nos.1, 3

:

Mrs. Suman Pattanayak,

and 4

Additional Government Advocate

CORAM : THE CHIEF JUSTICE

MR. JUSTICE S.K. MISHRA

JUDGMENT

20^th January, 2021

Dr. S. Muralidhar, CJ.

1. The Petitioner, who is a transport contractor has filed this writ

petition challenging the validity of the tender call notice (TCN) dated

12^th May, 2020 for selection and appointment of Level-II Transport

Contractors in the district of Sundargarh.

W.P.(C)No.6604 of 2020 and connected matter Page 2 of 9

2. Initially against a TCN dated 7^th February, 2020 which again was

floated for selection and appointment of Level-II Transport

Contractors, the Petitioner had filed Writ Petition (Civil) No.6604 of

2020 in this Court, in which an interim order was passed on 20^th

February, 2020 to the effect that the tender process may continue but

no final decision will be taken without leave of the Court.

3. When the second writ petition i.e. W.P.(C) No.12854 of 2020 was

first listed before the Court on 9^th June, 2020, the following order

was passed:

“Heard Mr. A.K. Biswal, learned counsel for the

petitioner

and

learned

Additional

Government

Advocate appearing for opposite party nos.1 & 4

through Video Conferencing.

By means of this writ application, the petitioner has

prayed for quashing of tender call notice dated

12.5.2020 under Annexure-6 for appointment of

Level-II

Transport

Contractor

in

respect

of

Sundargarh District. According to Mr. Biswal, earlier,

the present petitioner had challenged the tender call

notice dated 7.2.2020 in the district of Sundargarh in

W.P.(C) No.6604 of 2020 covering the same work.

This Court vide its order dated 20.2.2020 while

issuing notice to the opposite parties, directed that the

tender might continue but no final decision shall be

taken without leave of the Court till the next date. The

said matter has not yet been listed before this Court

and accordingly, the interim order passed therein

continues as on date. The opposite party nos.2 to 5 by

over-reaching the process of Court and in order to

frustrate the mandate of the above interim order

withdrew the earlier tender call notice and thereafter a

fresh tender call notice in respect of same work has

been floated on 12.5.2020. In order to verify as to

whether the interim order passed by this Court in the

earlier writ application pertains to the self same work

and is still continuing, we called for the original file

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from the office and found that the scope of the work is

same as in the present case and the interim order

granted therein also continues subsists as on date.

In such background, let notice be issued.

Learned Additional Government Advocate accepts

notice on behalf of opposite party nos.1 & 4. Let two

extra copies of the brief be served on her in order to

enable him to file counter affidavit by the next date.

Issue notice to opposite party nos.2,3 & 5 by

Registered Post with A.D. fixing a short returnable

date within three weeks. Requisites shall be filed

within a week.

List this matter on 1.7.2020 along with W.P.(C)

No.6604 of 2020.

In the interim, it is directed that status quo as on today

with regard to award of the work shall be maintained

till the next date.

As lock-down period is continuing for COVID-19,

learned counsel for the petition