^2S^ .-rtL;—:» %^ in» ii«hWt :? •J-<!'tfid<t, STti''-(*l's, !c(''!i'-l'i< .^..?AQ. tJ.6'..-.J^"i'- 200^ .'V •W'fT^'V •<-?T ?!T*ST gn?w Sn^T.'q^i' 1, ¥(mw3riCT3'i^' q;!'i<!<-IJi!-T iffW'? f5Vf <F^«l< ^aifOTsn^i HiQH COURT OF CHHARlmSGARH ATBH.ASPUR OQrssTiii' Petitioner Resoondents Hon'bte Shr Kon'bie Shr D Versds Dhir&ndrs Mishrs & R,N. Chandrairar, 44 WritPet|tipn(|C)No,15Q3/2009 1s. Mahesh Kumar Dulhani. Tt^rough: Partner-Mahesh Kumar Ditilhani, S/o Shankar Lal Duihani, a^ed about 38. years, R/o Main Rfjiad, Katghora, Tahsil Katghora, ^trict Korba (CG) 1. St^te of Chhattisgarh, TH Rijrai Development Department, D.K.S. Bhawan, Mantralaya, Raipur 2. Crjhattisgarh D^velopment (C Se Ur 'ough the Seoretary, Panchayat 8s Rural Road Authoritv G.R.R.D.A), through the Chief ^rjgineer, Civil Lines, Raipur (CG) 3. Th^ Chief Executive Officer, CKhattisflarh Rurat Road D^velopment Authority, Vikas B^awan, Raipur (CG) Ex^cutive Engineer/Member |3retary Project Implementation |it No.1 PF^GSY, Bilaspur (CG) 4. Writ oetition under Article22P pfthe ConstitytipnoT India ,i_„„____, Present: Shri Arvind Kumar Qubey, counsei for the petitioner. Shri Vinay Harit, Dy. ]Advocate General for the State. (^o'T+a ^ -^ •V ^•••' .^ ^;" X;-HC—7s -S"T!T ^T S'"';T '{S<T SH^TT ^yi^i | ^,<f. ^-ST >-4|^]i~j4<, ®T||^']'S.i'aft|+<4< r- CoPCC; 1^0 ./Si3 1 WNfli l»»Hi<ih sn^T •^'s (•i°if-i«i-yi) W?W^fR3?!^; ^rarf'T'ih •qro?n'^ fs^t'rfsn^n' •-S.- ^- aiRn sti^r (Passed 4>n 27" of July, 2009) Per DhirendraIVIishra, J:- The petitioner has filed reliefs:- Ih this petition and prayed for the following 1. The Hon'ble Coijrt may be kind enough to quash the impugned or<tfer dated 07/01/2009 with reaard to debamng/blacl{listing ofthe petitioner firm. 2. The Hon'ble Couit mav be kind enouah to direct the respondents to arbitrary action. 3. Anv other relief, deem fit and circumstances of petitioner includinb Detition. (2) particiDated in the tender oro construction and maintenance pay exemplary oost for their which this Hon'ble Court mav pijoper looking to the facts and ]the case also be awarded to the the cost and expenses of this Learned counsel for th^ petitioner submits that the petitioner ;ess initiated by the respondents for of Rural Roads under Prime Minister Gramin SadakYojna in Bilaspuri Distriot, Package No.CG-02-53, Phase- VII for the year 2007-08. Th^ petitioner commenoed the work and completed majority of the wark awarded to him. However, the respondents all of a sudden, without any prior notioe to the petitioner, vide impugned order dated 07.01.2009, permanentlv debarred him from (*anrf? ^'3 . ~ ^ \ ' ^.$'-HC—73 -^a- sn^^qw -3-S[ ^I^?W®7ft:OT?,'!s!t'1w1< t^pCO MO'J.S.<:>.^.. .W^Ti?"i^ YRIIW-af??1 s^! -3- ^ra^q^ TntRS -^ fe<Zl <F-t^K ^affim ail^l partioipating in the tender procjess in the work of Chhattisgarh Rural Development Agency under jPanchayat and Rural Development Department. He further subrrjits that no notice was issued to the petitiorier before passing the imijiugned order of Annexure P-2, whereby the petitipner has been pennan^ntly debarred from participating in the futyre tender process and the ^me was passed wlthout following the prinoiples of natural justice. (3) Shri Vinay Harit, learnec) Dv. Advocate General for the State submits that the impugned ordeij-to the extent of debarring/biacklisting may be set aside with liberty to tjie concemed authority to initiate fresh proceedings for debarring the pelitioner from partioipating in the tender prooess after affording him an | opportunity of hearing by following principles of natural justice. | W Learned counsel for thei Detitioner submits fhat he has no obiection if the petition is disposed iof in the above terms. (5) In vjew of the submissior|s made by learned counsel for the parties, the instant petitjon js di^posed of by quashing the order of Annexure P-2 to the extent that |he petitioner has been permanently debarred from participating in the.future tender process in the authority reserving the right ofthe responden|/authority to initiate fresh proceedings for clebarring the petitioner from pa|ticipating in the future tender process after affording him an opportunity of|hearing. Sd/- Dhirendra Mishra Judge Sd/- R.N. Chandrakar v Judge