M/S Sreeven Infocom Limited v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18561 of 2018 ====================================================== M/s Sreeven Infocom Limited, a company registered under the Indian Companies Act, having its registered office at 201, Sunrise Apartments, Dwarakapuri Colony, Panjagutta Hyderabad-500082, Telangana, through its Managing Director, Kalidindi Satyanarayana Raju, S/o Kalidindi Suryanarayana Raju, resident of Door No. 6-3-347/18/201, Model House Street, Near Saibaba Temple, Dwarakapuri Colony, Khairatabad, Hyderabad, Andhra Pradesh- 500082.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Transport, Government of Bihar, Patna.

2.

The Transport Commissioner, Department of Transport, Government of Bihar, Patna.

3.

The Deputy Commissioner Transport, Department of Transport, Government of Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Saket Tiwary, Advocate For the Respondent/s :

Mr. Ajay Kr. Rastogi- AAG-10 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 27-02-2024 The petitioner is aggrieved with the Annexure-1 order passed on 01.03.2017, wherein he has been blacklisted for an indefinite period. Now, more than six years have elapsed from the date of that order. The writ petition was also filed in the year

Patna High Court CWJC No.18561 of 2018 dt.27-02-2024 2/3 2018 and was pending before this Court.

2. Learned counsel appearing for the petitioner, submits that there is no rational, for blacklisting the petitioner indefinitely.

3. Learned counsel for the respondents, however, submits that there was gross delay in supply of the materials and hence the blacklisting was made.

4. On judicial review, we cannot specify a period for blacklisting. However, we notice that the blacklisting, extending indefinitely, prejudices the person who has been blacklisted, and also results in no further work being assigned to him and he being disentitled to apply against any tender floated.

5. In such circumstances, considering the fact that six years have elapsed since the petitioner was blacklisted, we direct him to prefer a representation before the Principal Secretary Department of Transport, Government of Bihar, who represents the State of Bihar, in the writ petition within a period of two weeks.

6. In case, such a representation is filed, the Principal Secretary, Department of Transport, Government of Bihar, shall consider the same and dispose it off by a speaking order after hearing the petitioner, within a period of one month from the

Patna High Court CWJC No.18561 of 2018 dt.27-02-2024 3/3 filing of such representation.

7. The writ petition stands disposed off.

(K. Vinod Chandran, CJ) ( Harish Kumar, J) rohit/- AFR/NAFR NAFR CAV DATE NA Uploading Date 28-02-2024 Transmission Date