M/S. Nayak Associates vs The Collector And D.M.-Cum
2023 Latest Caselaw 1496 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                           W.P.(C) No. 13207 of 2019

M/s. Nayak Associates             .....                                      Petitioner
                                                        Mr. R.C. Maharana, Advocate
                                  Vs.
The Collector and D.M.-cum-       .....                               Opposite Parties
CEO, SDC, Mayurbhanj
                                                               Mr. J.P. Patnaik, G.A.
            CORAM:
               DR. JUSTICE B.R. SARANGI
                  MR. JUSTICE M.S. SAHOO

                                            ORDER

17.02.2023

Order No. This matter is taken up through hybrid mode.

11.

2. Heard Mr. R.C. Maharana, learned counsel for the petitioner and Mr. J.P. Patnaik, learned Government Advocate for the State.

3. The petitioner has filed this writ petition seeking to quash the order dated 06.06.2019 under Annexure-3 by which the petitioner has been blacklisted and debarred from participating in any tender process in future.

4. Mr. Maharana, learned counsel for the petitioner contended that the indefinite blacklisting of the petitioner cannot sustain in the eye of law and the said order is arbitrary, unreasonable and contrary to the provisions of law.

5. Mr. J.P. Patnaik, learned Government Advocate admitting such position of law contended that it should have been confined to three years and it cannot be imposed for indefinite period. He also contended that law has been settled in this regard in the case of B.C. Biyani Projects Pvt. Ltd. v. State of Madhya Pradesh and others, Civil Appeal No. 6632 of 2016 arising out of SLP (C) No. 3274 of 2016.

6. Having heard learned counsel for the parties and keeping in view of the aforesaid judgment, this Court is of the opinion that the order dated 06.06.2019 imposing blacklisting for indefinite period is required to be modified and confined to three years from the date of the order and as such, the black listing of the petitioner remained in force till 05.06.2022. Accordingly the order dated 06.06.2019 passed under Annexure-4 is modified to the extent as indicated above.

7. The writ petition is accordingly disposed of.

                                       (DR. B.R. SARANGI)
                                            JUDGE


Arun                                      (M.S. SAHOO)
                                            JUDGE