Sunil Rathore vs The State Of Madhya Pradesh
2022 Latest Caselaw 16386 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      WP No. 23653 of 2022
                                       (SUNIL RATHORE Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 09-12-2022
                                Shri Awadhesh Kumar Singh - Advocate for the petitioner.

                                Petitioner is aggrieved of the communication dated 08.07.2022 made by
                          the Administrative officer, Madhya Pradesh Housing and Infrastructure
                          Development Board, contained in Annexure P-3, informing the petitioner that he
                          has suppressed information of earlier blacklisting of one of his firm M/s DNR

                          Enterprises by the Rajya Shiksha Kendra vide order No.4331 dated 19.05.2014,
                          whereas GST number of the said blacklisted firm and that of the petitioner's
                          firm M/s S.K. Enterprises, is same.
                                Petitioner's contention is that petitioner had no knowledge of blacklisting
                          and there cannot be any order of blacklisting for indefinite period. Therefore, in
                          the light of judgment of the Supreme Court in case of Gorkha Security
                          Services Vs. Government (NCT of Delhi) and others, (2014) 9 SCC 105,
                          he may be allowed to participate in the tender process which is likely to
                          commence on 14.12.2022.

                                The fact of the matter is that petitioner was communicated this aspect of
                          blacklisting on 08.07.2022. Therefore, petitioner should have approached this
                          Court in time. Without hearing the other side, ex-parte order cannot be granted.
                          Therefore, issue notice to the respondents.

Notice is waived by Shri Jitendra Shrivastava, learned Panel Lawyer for the respondent No.1.

Let advance copy of this petition be supplied to Shri Aditya Khandekar/Shri Kapil Duggal, as the case may be, and this fact be notified to Signature Not Verified Signed by: PUSHPENDRA PATEL Signing time: 12/9/2022 6:52:43 PM

the Registry, so that their names be reflected in the cause list.

List this case for further directions on 13.12.2022.

(VIVEK AGARWAL) JUDGE

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Signature Not Verified Signed by: PUSHPENDRA PATEL Signing time: 12/9/2022 6:52:43 PM