Disposed

Sant Kumar Deo v. Rural Dev Dept

Jharkhand HC3 Jul 2018WPC/159/2018

Case brief

AI extract

What is this about?

The High Court in Ranchi disposed of a writ petition challenging an order declaring the petitioner ineligible for a tender due to a misstatement regarding blacklisting. The court granted liberty to file a fresh representation to correct the error and direct the department to inquire within 12 weeks.

What did the court decide?

Petitioner granted liberty to file fresh representation to correct facts regarding ineligibility; direction to Secretary to inquire within 12 weeks.

Sant Kumar Deo Vs Rural Dev Dept — Writ and Judicial Review | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(C) No.-159 of 2018

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Sant Kumar Deo

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Son of Sri Nand Lal Deo, resident of Krishna Nagar, Post- Giridih, PS- Sadar, District- Giridih …Petitioner -V e r s u s-

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The State of Jharkhand

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The Secretary, Rural Development Department, State of Jharkhand, Ranchi

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Chief Engineer, Rural Development Department (Rural Works Affair), Ranchi

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The Executive Engineer, Rural Development Department (Rural Works Affair), Ranchi

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The Assistant Engineer, Rural Development Department (Rural Works Affair), Ranchi

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The Tender Committee through Chief Engineers, Rural Works Department, Ranchi

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M/s. Jharkhand Construction, Giridih …. Respondents

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CORAM: - HON’BLE MR. JUSTICE RAJESH SHANKAR

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For the Petitioners :- Mr. Manoj Prasad, Advocate For the State :- A.C. to A.G.

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Order No.-04 Dated: 03.07.2018

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The present writ petition has been filed for quashing the letter contained in memo no. 2963 dated 18.12.2017 (Annexure-7 to the writ petition) issued under the signature of the Chief Engineer, Rural Development Department (Rural Works Affair), Ranchi, (respondent no.3), whereby the petitioner has been informed that since he is the lead partner of M/s Deo Enterprises, Giridih against which the process of blacklisting is in progress, he has been declared ineligible from participating in e-tender ref. No. 65/RDD(RWA) Giridih dated 09.06.2017 and has been debarred by the Departmental Tender Committee from participating in other tenders with a further decision to issue fresh tender for the said work.

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2. The limited grievance of the petitioner raised through the present writ petition is that it has wrongly been mentioned in the impugned letter dated 18.12.2017 that the petitioner is the lead partner of M/s. Deo Enterprises, Giridih against which step for blacklisting has been initiated. In fact, the petitioner has no concern with the said M/s. Deo Enterprises, Giridih and thus he has arbitrarily

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been declared ineligible in the said tender on the basis of the wrong facts. It has further been averred that though the Departmental Tender Committee has taken a decision to issue fresh tender for the said work, yet such wrong/erroneous fact has been coming in the way of the petitioner from participating in any other tenders invited by the concerned department.

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3. Having heard the learned counsel for the parties and keeping in view that the petitioner has stated in the writ petition that he has no concern with M/s. Deo Enterprises, Giridih against whom the department has initiated steps for blacklisting, the petitioner is given liberty to file a fresh representation before the respondent no. 2- the Secretary, Rural Development Department, Government of Jharkhand, Ranchi, bringing the said fact to the knowledge of the said authority. On receipt of the said representation, the respondent no. 2, after providing due opportunity of hearing to the petitioner and on making due inquiry, if so required, shall pass appropriate order in accordance with law, preferably within a period of 12 (twelve) weeks from the date of receipt of the representation.

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4. The writ petition is disposed of with aforesaid liberty and direction.

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(Rajesh Shankar, J.)

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Ritesh

Sant Kumar Deo v. Rural Dev Dept

Case brief

What is this about?

What did the court decide?

Sant Kumar Deo v. Rural Dev Dept

Case brief

What is this about?

What did the court decide?

What the court decided

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