Telangana High Court
M/S. Njr Constructions Pvt. Ltd vs State Of Telangana on 20 August, 2024
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.20690 of 2024
ORDER:
Heard Sri Vimal Varma Vasireddy, learned counsel
appearing on behalf of the petitioner, learned Assistant
Government Pleader for Agriculture and Marketing
Co-operation Department appearing on behalf of the
respondent No.1 and Sri A. Phani Bhushan, learned
Standing Counsel for TGSWC appearing on behalf of
respondent Nos.2 and 3.
2. The petitioner approached the Court seeking
prayer as under:
" Issue an order, direction or writ, more so in the
nature of writ of Mandamus
a). Declaring the action of respondent No.3 in issuing
letter No. TGSWC/Const/117/01&03/2023-24 dated
08.05.2024 and debarring the petitioner company for
2 years from 04.10.2023 to 03.10.2025 from
participating in any tenders of the respondents or until
further order as being arbitrary, illegal and violative of
principles of natural justice and Articles 14, 19 of the
Constitution of India.
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W.P.No.20690_2024
b). Consequently, set aside the letter No.
TGSWC/Const/117/01&03/2023-24 dated 08.05.2024
issued by respondent No.3 being arbitrary, illegal and
violative of principles of natural justice and Articles
14, 19 of the Constitution of India.
c). pass any other order (s) and /or directions (s) as
may be deemed fit, in the interest of justice and
equity. ...."
3. This Court vide order dated 01.08.2024 passed
Interim Order in favour of the petitioner observing as
under:-
"Heard learned counsel appearing on behalf of the
petitioner, learned Government Pleader for Agriculture
and Marketing Co-operation Department, appearing on
behalf of respondent No.1 and Sri A. Phani Bhushan,
learned Standing Counsel for TSWHC, appearing on
behalf of respondent Nos.2 and 3.
Notice before admission.
A bare perusal of the impugned proceedings vide
Lr. No. TGSWC/Const/117/01&03/2023-24 dated
08.05.2024 passed by respondent No.3 clearly indicates
that the impugned order is not a notice issued to the
petitioner but a decision communicated to the petitioner
to debar the petitioner's company for two (2) years from
04.10.2023 to 03.10.2025 or until further orders
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W.P.No.20690_2024
whichever is earlier from participating in any tenders of
TGSWC.
Taking into consideration the judgment in
M/s. Agile Security Forces Pvt. Ltd and others vs.
The State of Telangana and others passed by this
Court in W.P.No.17910 of 2022 dated 11.04.2023
and the observations of the Hon'ble Apex Court in
the judgments referred to and extracted below in
the following cases:
(i) (1975) 1 SCC page 70 in M/s. Erusian
Equipment & Chemicals Ltd., vs. State of West
Bengal and Another,
(ii) "Gorkha Security Services Vs.
Government (NCT of Delhi) & Ors." reported in
(2014) 9 SCC 105,
(iii) "Kulja Industries Limited Vs. Chief
General Manager, Western Telecom Project Bharat
Sanchar Nigam Limited & Others" reported in
(2014) 14 SCC 731,
(iv) M/S Chauhan Builders Raibareli versus
The State Of Uttar Pradesh & Ors., reported in
(2022) Live Law (SC) 694,
(v) Rastriya Ispact Nigam Ltd., Vs. Verma
Transport Company reported in (2006) 7 SCC 275,
(vi) (2020) 18 SCC 550 in Deffodills
Pharmaceuticals Limited and Another vs. State of
Uttar Pradesh and Another.
SN,J
W.P.No.20690_2024
This Court opines that the impugned
proceedings vide Lr.No.TGSWC/Const/117/01&03
/2023-24, dated 08.05.2024 passed by
respondent No.3 is in clear violation of principles
of natural justice and also contrary to the view and
observations of the Apex Court in the judgments
referred to above, hence the said impugned
proceedings dated 08.05.2024 of the Respondent
No.3 stand suspended till 07.08.2024".
4. Sri A. Phani Bhushan, learned Standing Counsel
for TSWHC appearing on behalf of respondent Nos.2
and 3 brings on record the Letter vide Lr. No.
TGSWC/ Const/ 117/ 2023-24, dated 19.08.2024, and
the relevant paragraphs of the said letter, are extracted
hereunder:-
"It is further informed that, as per Tender
condition in Clause No.3 regarding qualification data of
the Tenderers at page No.15 of the bid document states
that, the tenderer is liable to be disqualified/ debarred/
suspended/blacklisted if they have furnished false/
fabricated particulars in the forms, statements and
annexures submitted in proof of the qualification
requirements. In view of this, the Corporation has issued
notice proceedings vide Lr.No. TGSWC/117/01&03/2023-
24, Dt: 08.05.2024.
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W.P.No.20690_2024
Having known about the notice, M/s. NJR
Constructions Private Limited made number of
representations in quick succession from Dt:
11.07.2024, 12.07.2024 and 20.07.2024 to TGSWC to
withdraw the notice. The letter Dt: 20.07.2024 from M/s.
NJR Constructions Private Limited, Hyderabad was
received to TGSWC office on Dt: 22.07.2024 stating to
withdraw the debar notice given by TGSWC within 10
days of issue of their letter otherwise M/s. NJR
Constructions Private Limited, Hyderabad would
approach the Honorable High Court to file defamation
suit, for misuse of official position.
In this connection, it is to inform that, the then
Managing Director of TGSWC was transferred on Dt:
21.07.2024 and New Managing Director has taken
charge later. Before a reply could be given, M/s. NJR
Constructions Private Limited challenging the above
letter Dt: 08.05.2024, the Writ Petition. 20690/2024 has
been filed before the Honorable High Court and
Honorable High Court pleased to grant stay of letter dt:
08.05.2024 as the same was issued in violation of
principles of natural justice.
It is further informed that, the Corporation is
ready to follow the procedure while taking a decision on
the issue and the same may be apprised to the
Honorable High Court notice".
5. The learned Standing Counsel for TGSWC appearing on
behalf of respondent Nos.2 and 3 based on the written
instructions dated 19.08.2024 submit that in view of the fact
that principles of natural justice had not been followed, the
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W.P.No.20690_2024
Corporation is ready and willing to proceed afresh on the
subject issue by following principles of natural justice.
6. Taking into consideration the contents of the
Letter dated 19.08.2024 (referred to and extracted
above) and the submissions of the learned Standing
Counsel for TGSWC appearing on behalf of respondent
Nos.2 and 3, the order impugned in the present writ
petition is set aside. It is however observed that it is
open to the respondents herein to follow the due
procedure under law if the respondents intend to
proceed against the petitioner.
7. Accordingly, the writ petition is allowed. No
order as to costs.
As a sequel, the miscellaneous petitions, if any, pending
in the Writ Petition shall also stand closed.
__________________________
MRS JUSTICE SUREPALLI NANDA
Date: 20.08.2024
Skj/Dsu
