Royal Security Services, Sriram Vihar, Bolangir vs. State Of Odisha

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WP(C)/27061/2024HC OrissaGSTCNR ODHC01079191202413 November 2024Bench: MR. JUSTICE CHAKRADHARI SHARAN SINGH,MISS JUSTICE SAVITRI RATHO3 pages

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Cause title — parties, addresses and appearances
Page 1 of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 27061 of 2024 Royal Security Service, Sriram Vihar, Puintala, Balangir, represented by its managing partner Anil Kumar Jal …. Petitioner Mr. Dayanidhi Mishra, Advocate -versus- 1. State of Odisha, ST & SC Development, Minorities and Backward Classes Welfare Department 2. Collector and District Magistrate, Bolangir 3. District Welfare Officer, Bolangir …. Opposite Parties Mr. Debashis Tripathy, Addl. Govt. Advocate CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MISS JUSTICE SAVITRI RATHO Order No.

ORDER 13.11.2024 01. 1. This matter is taken up through Hybrid mode.

2.

The petitioner in the present writ application is seeking quashing of letter no.2872 dated 30.10.2024, issued by the District Welfare Officer, Bolangir, whereby a District Selection Committee meeting has been convened for finalization of tender papers for selection of human resource service provider. It is the Petitioner’s case that since it has already been declared as L-1 upon opening of the financial bid, in the presence of selected bidders, there is no question of the District Selection Committee meeting again for finalization of tender papers.

3.

Learned counsel appearing on behalf of the Petitioner has drawn this Court’s attention to the orders dated 12.04.2024 passed in W.P.(C) No.8858 of 2024 and order dated 18.10.2024 passed in W.P.(C) No.25983 of 2024, whereby the Opposite Parties were directed to dispose of the Petitioner’s representations. The Petitioner had approached this Court by filing the aforesaid writ applications with a prayer to accept the GST quoted by the petitioner and to issue work order in his favour as he was the L-1 bidder. It was in that background that this Court by order dated 12.04.2024, passed in W.P.(C) No.8858 of 2024, directed for disposal of the petitioner’s representation within a period of three months. Again by order dated 18.10.2024 in W.P.(C) No.25983 of 2024, this Court had disposed of the Petitioner’s Writ Petition with a direction to the Opposite Party No.2 to take a decision on the Petitioner’s representation within a period of three months. Soon after passing of the said order dated 18.10.2024, by letter dated 30.10.2024, the Petitioner was asked to participate in a meeting convened by the District Selection Committee meeting for finalization of tender papers which the Petitioner has challenged in this present writ application.

4.

In our opinion, the present writ application is thoroughly misconceived. There was no direction issued by this Court to act upon the Petitioner’s selection as L-1 bidder, rather the direction was to consider the Petitioner’s representation. The Petitioner cannot claim by way of right that once he was declared L-1 bidder, the work ought to have been awarded to him. Apparently, we do not find any merit in this writ application.

5.

The Petitioner is said to have appeared before the District Selection Committee on 06.11.2024 through its representative.

6.

This Writ Petition being devoid of any merit is dismissed but with the observation that the concerned Opposite Parties shall be at liberty to take appropriate decision in accordance with law on the point, whether the work in question is to be awarded to the Petitioner or not.

(Chakradhari Sharan Singh) Chief Justice

(Savitri Ratho) Judge

Gitanjali

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