Mrunal Kumar Mohanty vs Vir Vikram Yadav
2025 Latest Caselaw 2116 Ori

Orissa High Court

Mrunal Kumar Mohanty vs Vir Vikram Yadav on 6 January, 2025

                IN THE HIGH COURT OF ORISSA AT CUTTACK
                           CONTC No. 5907 of 2024

            Mrunal Kumar Mohanty                         ...              Petitioner
                                           Mr. Sidhant Dwibedi, Advocate
                                     -versus-
            Vir Vikram Yadav, IAS, Principal ...           Opposite Parties
            Secretary, Works Department, Odisha,
            Bhubaneswar and Others
                                     Mr. S.B. Panda, Addl. Govt. Advocate

                                  CORAM:
                        HON'BLE THE CHIEF JUSTICE
                    HON'BLE MISS JUSTICE SAVITRI RATHO

                                           ORDER

Order No. 06.01.2025

01. The matter is taken up through Hybrid mode.

2. Learned counsel appearing on behalf of the petitioner has submitted that despite this Court's order, the petitioner's portal has not been unblocked and, therefore, the petitioner cannot participate in any tender process floated by the State of Odisha. The order of blacklisting dated 17.03.2023 has also been set aside by this Court by order dated 29.04.2024 passed in W.P.(C) No.33515 of 2023.

3. Paragraphs 3 and 8 of the said order dated 29.04.2024 read thus:-

"3. The petitioner has filed this writ petition seeking to quash the order dated 17.03.2023 passed by opposite party no.3 under Annexure-1 in blacklisting and debarring the petitioner to participate in any tender for a period of three years from the issue of the order in conformity to the Works Department O.M. No. 16131/W dated 26.11.2021. The petitioner has also challenged the order dated 21.10.2022 in blocking the portal registration of the petitioner.

xxx xxx xxx

8. In view of the above the order impugned dated 17.03.2023 under Annexure-1 and the order of blocking of portal dated 21.10.2022 under Annexure-13 are liable to be quashed and are hereby quashed and the matter is remitted back to the Chief Engineer (DPI & Roads), Odisha to pass appropriate order by affording due opportunity of hearing to the petitioner. More so, the show cause reply filed by the petitioner has to be taken into consideration while passing the order. Apart from the same, the authority shall also take into consideration the cancellation of entire contract, whether it will lead petitioner to be blacklisted by the authority concerned. While considering the case of the petitioner, judgments rendered by the apex Court as mentioned above and also the provisions of the DTCN has to be followed."

4. We are prima facie of the view that if the statement which has been made by the petitioner to the effect that despite the Court's order the portal has not been unblocked, it constitutes a gross contempt of this Court.

5. List this matter on 15.01.2025 so as to enable learned Additional Government Advocate to seek instructions.

(Chakradhari Sharan Singh) Chief Justice

(Savitri Ratho) Judge S.K. Jena/ Secy.

Location: High Court of Orissa, Cuttack.