M/S. Reliance Infrastructure Ltd vs State Of Odisha And Others
2021 Latest Caselaw 12459 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 W.P.(C) No.16449 of 2011


            M/s. Reliance Infrastructure Ltd.       ....            Petitioner
                                          Mr. P.K. Mohanty, Senior Advocate
                                        -versus-
            State of Odisha and Others              ....      Opposite Parties
                              Mr. Debakanta Mohanty, Addl. Govt. Advocate

            CORAM:
            THE CHIEF JUSTICE
            JUSTICE A.K. MOHAPATRA


                                         ORDER

Order No. 04.12.2021

04. 1. The challenge in the present writ petition is to an order dated 7th May, 2010 passed by the Engineer-in-Chief (Civil Odisha) whereby the Petitioner was barred from participating in bidding in the Government of Odisha tenders either directly in the name of Company and its Directors or indirectly in different names and styles.

2. The impugned order which is in effect a "blacklisting" order is for an indefinite duration. Despite notice having been issued in the present petition way back on 7th July, 2011 and the interim order having been passed to the effect that no coercive action will be taken against the Petitioner, till date no counter affidavit has been filed.

3. In view of the decisions in Erusian Equipment & Chemicals Ltd. v. State of West Bengal (1975) 1 SCC 70, Raghunath

Thakur v. State of Bihar (1989) 1 SCC 229 and the decision judgment of this Court in W.P.(Civil) No.20554 of 2017 (M/s.Gupta Sports v. State of Odisha) which have recently been followed by this Court in the order dated 23rd March, 2021 in W.P.(C) No.26408 of 2017 (M/s. Panda Infraprojects Ltd. v. State of Odisha), the impugned order dated 7th May 2011 of indefinite 'blacklisting' of the Petitioner is held to be unsustainable in law and is hereby quashed. The consequential order dated 24th February, 2010 (Annexure-8) is also quashed.

4. The writ petition is disposed of in the above terms. No order as to costs.

5. An urgent certified copy of this order be issued as per rules.

(Dr. S. Muralidhar) Chief Justice

(A.K. Mohapatra) Judge S.K. Jena/P.A.