Calcutta High Court
Ics Chemical Industries And Anr vs The State Of West Bengal And Ors on 13 March, 2023
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
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.
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
