Om Shankar Construction Pvt. Ltd. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10824 of 2021 ====================================================== Om Shankar Construction Pvt. Ltd. through its Director namely Indrajeet Upadhyay, aged about 48 Years, (Male), Son of Late Saryu Upadhyay, Resident of Mohalla-Nala Road, Near Shishak Sangh, Malabagh, Arrah, P.S.-Nawada, District-Bhojpur.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Secretary, Urban Development Department, Govt. of BIhar, Patna.
2.
The Secretary, Urban Development Department, Govt. of Bihar, Patna. 3.
The Chairman, Bhagalpur Smart City Ltd. Municipal Corporation, Court Compound, Bhagalpur, Bihar.
4.
The Managing Director, Bhagalpur Smart City Ltd. Municipal Corporation, Court Compound, Bhagalpur, Bihar.
5.
The Chief Executive Officer, Bhagalpur Smart City Ltd. Municipal Corporation, Court Compound, Bhagalpur, Bihar. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vikas Kumar, Advocate For the Respondent/s :
Mr. Shiv Kumar, AC to GA-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 09-05-2023 In the instant writ petition, petitioner has prayed for the following relief(s):- "i. For quashing of Letter No.
F/300/194/BSCL dated 27.03.2021 issued by Respondent No. 4 by which Contractor No. 5 dated 31.12.2020 executed between Bhagalpur Smart City Limited and petitioner for construction of Town Hall in Bhagalpur, Bihar with operation and maintenance for period of 5 years under smart city mission, has been terminated with immediate effect. ii. For quashing of Letter No.
F/300/213/BSCL dated 03.04.2021 by which petitioner has been debarred from participating in all future tenders with immediate effect and for indefinite period as the same has been issued without giving any show notice to the petitioner for debarment.
Patna High Court CWJC No.10824 of 2021(14) dt.09-05-2023 2/3 iii. For any other relief/reliefs for which the petitioner is found entitled to."
02. The petitioner is not entitle to relief against the termination of contract vide Annexure-1 dated 27.03.2021, since reasons have been assigned after due notice. Petitioner is at liberty to invoke any other remedy in so far as termination of contract, since disputed issues are involved.
03. Insofar as blacklisting is concerned, Annexure-2 dated 03.04.2021 reads as under:-
Patna High Court CWJC No.10824 of 2021(14) dt.09-05-2023 3/3
04. Perusal of the aforementioned decision of the respondent insofar as blacklisting the petitioner is concerned, it is not after due process of law like issuance of show-cause notice, obtaining petitioner's reply and other formalities. Further, show-cause notice must be very specific in terms of Apex Court's decision in the case of UMC Technologies Pvt. Ltd. vs. Food Corporation of India and Anr., reported in (2021) 2 SCC 551 and later decision in the case of Isolators and Isolators Through Its Proprietor Mrs. Sandhya Mishra vs. Madhya Pradesh Madhya Kshetra Vidyut Vitran Co. Ltd. and Anr., reported in 2023 LiveLaw (SC) 330 (Para-34) and principles laid down therein.
05. Accordingly, the petitioner has made out a case so as to interfere with Annexure-2 dated 03.04.2021 and it is set aside.
06. The writ petition stands allowed in-part, reserving liberty to the concerned authority to proceed in accordance with law after taking note of the aforementioned decisions of the Apex Court. Further steps shall be taken by the authority insofar as blacklisting is concerned, within a period of four months from the date date of receipt of this order.
(P. B. Bajanthri, J) (Arun Kumar Jha, J) Ashish/- himanshu/- U