M/S Praveen Kumar Jain Vs State of U.P. and 3 Others

Court No. - 32

Case :- WRIT - C No. - 15719 of 2019

Petitioner :- M/S Praveen Kumar Jain Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sushil Kumar Shukla Counsel for Respondent :- C.S.C.

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Hon'ble Shashi Kant Gupta,J. Hon'ble Pankaj Bhatia,J.

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Heard the learned counsel for the parties and perused the record.

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This writ petition has been filed, inter alia, for the following relief:

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"issue a writ, order or direction in the nature of certiorari quashing the order dated 24.4.2019 passed by the Chief Engineer/respondent no. 3 (Annexure no.12). "

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Learned counsel for the petitioner submits that by the impugned order dated 24.4.2019 the respondent no. 3 has debarred the petitioner from participating in the tender process for a period of one year i.e. upto 30.4.2020.

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The main contention of the learned counsel for the petitioner is that the impugned order has been passed by the respondent no.3 without giving any opportunity of hearing to the petitioner which falls within the ambit of breach of principles of natural justice and the same is nothing but an abuse of the Power,

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therefore, the same is liable to be quashed by this court.

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Learned Standing Counsel appearing on behalf of the State has not been able to rebut the contention of the learned counsel for the petitioner.

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Accordingly, the writ petition succeeds and is allowed. The impugned order dated 24.4.2019 passed by the respondent no. 3 is hereby quashed. However, it is open to the authority concerned to pass a fresh order in the matter in accordance with law after affording opportunity of hearing to the petitioner.

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It is further made clear that this court has not expressed any opinion on the merits of the case and the concerned authority has to decide the matter on its own merits.

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Order Date :- 7.5.2019 MLK

M/S Praveen Kumar Jain v. State of U.P. and 3 Others

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M/S Praveen Kumar Jain v. State of U.P. and 3 Others

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