Orissa High Court
WP(C)/13518/2026 of HAZI MOHAMMAD SAKIL Vs STATE OF ODISHA on 20 May 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.13518 of 2026 Hazi Mohammad Sakil …. Petitioner Mr. Sanjay Kumar Das, Advocate -versus- State of Odisha and others …. Opposite Parties Mr. Saswat Das, Addl. Government Advocate CORAM: THE HON’BLE THE CHIEF JUSTICE AND THE
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.13518 of 2026
Hazi Mohammad Sakil
….
Petitioner
Mr. Sanjay Kumar Das, Advocate
-versus-
State of Odisha and others
….
Opposite Parties
Mr. Saswat Das, Addl. Government Advocate
CORAM:
THE HON’BLE THE CHIEF JUSTICE
AND
THE HON’BLE MR. JUSTICE MURAHARI SRI RAMAN
Order No.
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ORDER
20.05.2026
01.
1. In the present writ petition, the petitioner assailed the rejection of Technical Bid opened on 18.12.2025 in connection with Bid Identification No.BLGR-Online- 33/2025-26 on the following ground:
“The bidder does not have required machineries for a minimum period equal to intended completion period/time assigned for completion plus 90 days from the last date of receipt of bid documents.”
2. The case of the petitioner is that in response to the tender for “Construction of Road from Badtika to Sahajchhapar via Ghungutipali Road and Construction of Road from Tentulikhunti Batmangala Mandir via Nagaon B Road in the district of Balangir under MMSY-TRIP (2025-26) Scheme”, having furnished his bid along with all requisite documents, the petitioner was declared technically qualified as per Tender Summary Report. Despite availability of overwhelming documents and evidence on a revised assessment, the Chief Construction Engineer (CCE), Rural Works Circle, Balangir
(opposite party No.3) published list of bidders participated in the tender indicating the petitioner as “disqualified”.
3. Mr. Sanjay Kumar Das, learned Advocate appearing for the petitioner submitted that the action of the authority is not palatable inasmuch as when the bid of the petitioner was treated qualified vide Tender Summary Report, it is not made known to him despite material available with the bid document, he could not have been shown disqualified on 18.12.2025. Since such fact came to the knowledge of the petitioner on 18.04.2026, he approached the Chief Construction Engineer (CCE), Rural Works Circle, Balangir (opposite party No.3) on 19.04.2026 with a representation explaining in detail with respect to reason for rejection of tender.
4. Mr. Saswat Das, learned Addl. Government Advocate submits that the Tender Grievance Redressal Committee held on 17.04.2026 in the Office of the Chief Construction Engineer, Rural Works (CCE), Rural Works Circle, Balangir (opposite party No.3) having examined the grievance put forth by the petitioner, affirmed that the reason assigned for rejection of bid as correct. He further submits that since the report dated 19.04.2026 is stated to be pending before the appropriate authority, necessary direction be issued to the competent authority for taking appropriate decision in this regard.
5. Considering the submissions made by the learned counsel for the respective parties and upon perusal of the record, this Court disposes of the writ petition with a direction to the opposite party No.3-Chief Construction Engineer, Rural Works (CCE), Rural Works Circle, Balangir to consider the representation of the petitioner dated 19.04.2026 vide Annexure-7 stated to be pending before him and dispose of the same within a period of four weeks from the date of production of a copy of this order and communicate the result thereof to the petitioner immediately.
6. This Court has not expressed any opinion on the merit of the matter. The authority concerned is at liberty to take independent decision on the representation as directed herein above.
(Harish Tandon) Chief Justice
(M.S. Raman) Judge Bichi Digitally Signed Signed by: BICHITRANANDA SAHOO Designation: Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 22-May-2026 13:28:46 Signature Not Verified