M/S Flycon Infratech Private Limited v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2569 of 2016 • M/s Flycon Infratech Private Limited (A Company Registered Under The Provisions Of Companies Act 4956) B 72, Street 12, Smriti Nagar, Bhilai 490020 Through Our Managing Director, Mr. Manoj Agrawal S/o Shri Radheshyam Agrawal, Aged About 55 Years R/o B 72, Street 12, Smriti Nagar, Bhilai, District Durg Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Its Principal Secretary Public Works Department, Mantralaya Naya Raipur, Capital Complex Head Post Office Raipur Tahsil And District Raipur Chhattisgarh

2. Engineer In Chief, Public Works Department, Govt Of Chhattisgarh Sirpur, Bhawan Raipur Tahsil & District Raipur Chhattisgarh

3. Chief Engineer, Public Works Department, Bridge Construction Zone, Raipur, Tahsil & District Raipur Chhattisgarh

4. Superintending Engineer, Public Works Department, Bridge Construction Circle Raipur Tahsil & District Raipur Chhattisgarh

5. Executive Engineer, Public Works Department, Bridge Construction Division, Raipur, Tahsil & District Raipur Chhattisgarh ---- Respondent For Petitioner : Shri Raj Kamal Singh, Advocate.

For Respondents : Shri Shashank Thakur, Govt. Advocate. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 20/10/2016

1. Indisputably the order under challenge by which the petitioner's registration as Contractor in the Department of Public Works has been suspended is appealable under Clause-6 of the Centralised Procedures of the Government of Chhattisgarh For Suspension,

Demotion, Non-Renewal & De-Registration of Contractors/Firms, 2014 (for short 'the Centralised Procedures').

2. The petitioner has also filed a representation in terms of the said clause which is required to be decided within a period of 30 days as provided under Clause-6.5.

3. In view of the above, since two parallel proceedings are not permissible, the Writ Petition is disposed of with a direction to the appellate authority under the Centralised Procedures to decide the petitioner's appeal within a period of 3 weeks from today, after affording opportunity of hearing to the petitioner. If for any reason the appeal is not decided within time frame, the petitioner would be at liberty to move an application for interim relief before the appellate authority.

Sd/- Judge (Prashant Kumar Mishra) Barve