Allahabad High Court
M/S J.K.Infra Enterprises Thru. ... vs Disst. Magistrate Ambedkar Nagar ... on 1 April, 2025
Author: Rajan Roy
Bench: Rajan Roy
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2025:AHC-LKO:17873-DB
Court No. - 2
Case :- WRIT - C No. - 2874 of 2025
Petitioner :- M/S J.K.Infra Enterprises Thru. Proprietor Sri Niwas Upadhayay And Another
Respondent :- Disst. Magistrate Ambedkar Nagar Distt. Ambedkar Nagar And 2 Others
Counsel for Petitioner :- Pramod Kumar Pandey,Chinmay Shukla,Prashant Sharma,Sanjay Kumar Verma
Counsel for Respondent :- C.S.C.,Raj Priya Srivastava,Syed Aftab Ahmad
Hon'ble Rajan Roy,J.
Hon'ble Om Prakash Shukla,J.
1. Heard.
2. After hearing the matter at some length what comes out is that the tender of the petitioner has been cancelled on the letter of the District Magistrate, Ambedkar Nagar dated 25.02.2025. It appears that some inquiry was conducted with regard to certain complaints against the petitioner, the inquiry itself was instituted by the District Magistrate, Ambedkar Nagar. The tender in question was awarded to the petitioner by the Nagar Panchayat, Ashrafpur Kichaucha, District-Ambedkar Nagar. Apart from the merits of the allegations against the petitioner one of the issues which requires consideration is the jurisdiction of the District Magistrate, Ambedkar Nagar to intervene in the matter, however, having said so, we cannot help to say that the manner in which the order has been passed gives an impression as if it has been passed only that the Court may interfere because no notice has been given to the petitioner before blacklisting what to say of cancelling the tender nor the duration of blacklisting has been mentioned. Learned Standing Counsel says that the tender was awarded to the petitioner in gross violation of certain Government Orders laying down terms and conditions for such tender to be issued by local bodies such as the Nagar Panchayat, Ashrafpur Kichaucha, District-Ambedkar Nagar. The prerequisite of three year experience was lacking with the petitioner but this was relaxed by the Nagar Panchayat without having authority to do so. Moreover, the tender period was extended by one year, which was also impermissible but in any case, the said tender period has come to an end on 31.03.2025. Nevertheless, the question of blacklisting still remains and on being confronted none of the Counsel for the opposite parties could place before us any notice, which may have been issued to the petitioner before passing such an order of blacklisting.
3. Considering the fact that the tender period is already over, we do not wish to go into the question as to whether the tender was rightly cancelled or not as that issue has outlived its utility, however, so far as the blacklisting is concerned apparently it is against the principles of natural justice and as it does not prescribe duration of blacklisting, therefore, it is also contrary to the judgment of Hon'ble Supreme Court in the case of State of Odisha and Others vs. Panda Infraproject Limited; (2022) 4 SCC 393. We, therefore, quash the impugned order so far as blacklisting of the petitioner is concerned, however, with a direction to the Executive Officer, Nagar Panchayat, Ashrafpur Kichaucha, District-Ambedkar Nagar to issue a show cause notice to the petitioner within one week annexing therewith the material on the basis of which blacklisting of the petitioner is proposed and also mention the duration of blacklisting. The petitioner shall respond to the same within next 15 days, thereafter, considered, reasoned and speaking decision shall be taken by the opposite party No.3 as per law within next one month. If the petitioner does not respond to the show cause notice, it shall be open for the opposite party No.3 to pass an order, accordingly.
4. With the aforesaid observations/directions, the writ petition is disposed of.
(Om Prakash Shukla, J.) (Rajan Roy, J.)
Order Date :- 1.4.2025
-Piyush-
