Urmila Mohanty vs. State Of Odisha
Held
The Court decided to grant the same relief to the petitioner as was granted in W.P.(c) No.1685 of 2019 by order dated 01.08.2019. The reasoning was based on the principle of parity and the specific direction in the earlier order, which involved considering the petitioner's case for enlistment as a supplier if found suitable and eligible under the tender conditions. The Court explicitly stated that it had not examined the matter on any issue other than GST registration. The operative direction was to dispose of the writ petition with the extent indicated, mirroring the disposal of the previous writ petition. No specific issue was left undecided, as the Court confined its examination to the relief granted in the precedent case concerning GST registration.
Facts
The petitioner filed a writ petition challenging the action of the opposite parties in evaluating a tender for the supply of food grains and other miscellaneous articles to the District Jail, Puri for the period 2019-2010. The petitioner sought relief similar to that granted in a previous writ petition, W.P.(c) No.1685 of 2019, dated 01.08.2019. The Court noted that it had not examined the matter on any issue other than GST registration.
Key Issues
1. Whether the petitioner is entitled to the same relief as granted in W.P.(c) No.1685 of 2019, concerning the evaluation of the tender for supply of food grains and other miscellaneous articles to the District Jail, Puri for the year 2019-2010, specifically in relation to GST registration? Petitioner's Contention: The petitioner relied on the order dated 01.08.2019 passed by this Court in W.P.(c) No.1685 of 2019, seeking similar relief. The petitioner argued that based on the precedent set in that case, their tender evaluation should be reconsidered. Revenue/State's Contention: The judgment does not record any specific arguments made by the State-opposite parties. However, the Court's decision implies a consideration of the petitioner's plea in light of the previous order.
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25.11.2019
Heard Mr. G.M. Rath, learned counsel for the petitioner and Mr. M.S. Sahoo, learned Additional Government Advocate for the State-opposite parties.
By way of this writ petition, the petitioner has challenged the action of the opposite parties in evaluating the tender for supply of food grains and other miscellaneous articles to the District Jail, Puri during the year 2019-2010. 3. Learned counsel for the petitioner claims the similar relief relying upon order dated 01.08.2019 passed by this Court in W.P.(c) No.1685 of 2019, paragraphs-6 and 7 reads as under:
“6. In that view of the matter, the opposite parties are directed, accordingly, to consider the case of the petitioner. If the petitioner is found suitable and eligible under the tender condition, he may be enlisted as a supplier and issue contract or work order in his favour.
With the aforesaid observation and direction, the writ petition stands disposed of. All connected Misc. Cases/I.As are also disposed of.
It is made clear that the petitioner will be at liberty to file an application within thirty days from today for
The judgment continues below.
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