OD-14
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
WPO/299/2023
ICS CHEMICAL INDUSTRIES AND ANR.
VS
THE STATE OF WEST BENGAL AND ORS.
BEFORE:
The Hon'ble JUSTICE AMRITA SINHA
Date : 13th March, 2023
Appearance :
Mr. Srijib Chakraborty, Adv.
Mr. Arindam Das, Adv.
Mr. Priyankar Kundu, Adv.
...for the writ petitioner
Mr. Sandipan Banerjee, Adv.
Mr. Sobham Majumder, Adv.
...for the Durgapur Municipal Corporation
Mr. Subhrangsu Panda, Adv.
Ms. Manisha Nath, Adv.
...for the K.M.C.
Mr. Sujit Sankar Koley, Adv.
...for respondent nos. 6 to 8
The Court:- The petitioner is aggrieved by the direction passed by Durgapur Municipal Corporation on 13th January, 2022 requesting the petitioner not to participate in any future tender of Durgapur Municipal Corporation for a period of five years.
The petitioner contends that the said order was passed without affording any opportunity to the petitioner to defend itself. It has been contended that 2 relying upon the aforesaid dictate of the Durgapur Municipal Corporation, other authorities are also not allowing the petitioner to particulate in tender processes.
The petitioner relies upon the judgment passed by the Hon'ble Supreme Court that black listing cannot be made without granting an opportunity of hearing as the same leads to evil and civil consequences. No subjective satisfaction was recorded by the Durgapur Municipal Corporation at the time of issuing the direction dated 13th January, 2022.
Learned Advocate representing the Durgapur Municipal Corporation submits, upon instructions that, the writ petition is liable to be dismissed on the ground of gross suppression of material facts. It has been submitted that several opportunities were granted to the petitioner for filing show cause and only after consideration of the reply of the petitioner, the impugned direction dated 13th January, 2022, was issued.
It has been submitted that due to the inaction on behalf of the petitioner to supply alum on regular basis, the entire water supply of the city of Durgapur got disrupted.
Learned Advocate representing the Durgapur Projects Limited has placed before this Court the communication dated 15th September, 2014 made to the petitioner wherein it has been mentioned that as per decision of the appropriate authority, the Company is debarred from the participating in any tender of the Durgapur Projects Limited including supply of Ferric Alum in future occasion.
The petitioner prays for setting aside the impugned communication of the Durgapur Municipal Corporation and the actions taken subsequent thereto. 3
The issue in the present writ petition has to be decided upon exchange of affidavits.
Let affidavit-in-opposition be filed by the respondents by 6th April, 2023. Reply thereto, if any, be filed within a fortnight thereafter.
The prayer of the petitioner seeking interim order at this stage cannot be accepted in view of the fact that the impugned direction was issued in January, 2022, the communication of Durgapur Projects Limited is dated 15th September, 2014 and the present problem that the petitioner is facing is the rippling effect of the aforesaid communication.
It appears that the petitioner thought it fit not to challenge the impugned order of the Durgapur Municipal Corporation which was passed way back in January, 2022. Accordingly, at this stage, the prayer of the petitioner for grant of interim order for stay of operation of the direction passed in the impugned communication cannot be allowed by the Court.
Liberty to mention.
(AMRITA SINHA, J.) S.Bag