Orissa High Court
WP(C)/10730/2026 of SHREE BALAJI ENGICONS LIMITED, JHARSUGUDA Vs STATE OF ODISHA on 19 August 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.10730 of 2026 CNR No.ODHC010247462026 Shree Balaji Engicons Limited, Jharsuguda …. Petitioner Mr. Pravat Kumar Muduli, Advocate -Versus- State Of Odisha & Ors. …. Opp. Parties Mr. Saswat Das, AGA CORAM: HON’ BLE THE
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.10730 of 2026
CNR No.ODHC010247462026
Shree Balaji Engicons Limited,
Jharsuguda
….
Petitioner
Mr. Pravat Kumar Muduli, Advocate
-Versus-
State Of Odisha & Ors.
….
Opp. Parties
Mr. Saswat Das, AGA
CORAM:
HON’ BLE THE CHIEF JUSTICE
AND
HON’BLE MR. JUSTICE CHITTARANJAN DASH
Order No.
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ORDER
19.08.2026
04.
1. Heard learned counsel for both the parties.
2. The petitioner is an unsuccessful bidder, challenges the procedure adopted by the authorities in awarding the contract and not resorting to the transparent method of selecting the bidder through a lottery system. The prayer reads thus:
“In the facts and circumstances stated above, it is most humbly Prayed that this Hon'ble Court may be graciously pleased to issue a Rule NISI in the nature of Writ of Certiorari and /or any other appropriate Writ /Writs calling upon the Opp. Party Nos.l to 3 in declaring the Opp. Party No.4-RKD Constructions Pvt. Ltd. as L-1 Bidder under Annexure-6 in respect of RFP No.CE- Roads-II-01/ 2025-2026, dtd.08.07.2025 relating to the work titled "Construction of Burla Ring Road from NH-53 (MCL Chowk to Baijamunda village Chowk) from 0/000 km to 6/125 km (4-Lane) in the District of Sambalpur under State Plan'', shall not be quashed:
And. as to why appropriate directions shall not be issued to the Opp. Party Nos.l to 3 to resort to the methodology of transparent lottery system amongst the Bidders who have quoted the rate of 14.99% less than the amount put to tender:
And. pass such other order/order(s) as this Hon'ble Court may deem fit and proper, in the facts and circumstances of the present Case:
And, allow this Writ Petition with cost;”
3. It is submitted by Mr. Das, learned Additional Government Advocate (AGA) that subsequently the authorities have decided to cancel the said tender, which has, in fact, been done and therefore, the cause of action pleaded in the instant writ petition is no longer surviving. The instruction received in this regard is filed by the learned Additional Government Advocate (AGA), which shall be taken on record.
4. In view of the fact that the tender has been cancelled, there is no justification in keeping the instant writ petition pending.
5. Accordingly, the writ petition is dismissed as infructuous.
(Harish Tandon) Chief Justice
(Chittaranjan Dash) Judge
AK Pradhan/Priyanka Digitally Signed Signed by: PRIYANKA BARIK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 21-Aug-2026 15:52:18 Signature Not Verified