Neutral Citation No. - 2025:AHC-LKO:47080-DB Court No. - 2 Case :- WRIT - C No. - 7730 of 2025 Petitioner :- Mahavir Polyplast Pvt Ltd. Thru. Authorized Signatory Pradeep Kumar Agarwal Respondent :- State Of U.P. Thru. Prin. Secy. Minor Irrigation Deptt. Lko. And Another Counsel for Petitioner :- Pushpila Bisht, Prerna Jalan, Shivanshu Goswami Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State-respondent nos.1 and 2. 2. This petition has been filed by the petitioner for the following main prayers:- "i) Issue a writ, order or direction in the nature of Certiorari quashing the order dated 06.06.2025 passed by the Respondent no.2 as contained in Annexure No.1 to the writ petition so far as it relates to the blacklisting of the petitioner for a period of two years. ii) Mold and grant any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. iii) Award the cost of petition to the petitioner." 3. It has been submitted by the learned counsel for the petitioner that a Tender bearing Bid No.GEM/2024/B/4926150 on the GeM Portal inviting bids for supply of UPVC Pipes of various sizes/types in the Financial Year 2024-25. The petitioner participated in the Bids related to 150 mm UPVC Pipe (CS Pipes), 150mm UPVC Pipe (CM Pipes) and 175 mm UPVC Pipe (CS Pipes). The petitioner qualified the technical bid after thorough verification of the documents submitted by the petitioner. The financial bid was opened, the petitioner would declare successful. A bid contract was signed on 14.08.2024 and the contract bearing no.7 dated 27.08.2024 was executed between the petitioner and the Respondent no.2 for supply of such items for which it had been declared successful. At present, the contract has come to an end without any complaint with regard to the quality of materials supplied by the petitioner or its quantity. The petitioner has also been released all payments except for the Bank Guarantee which he had submitted to the tune of Rs.38,38,512/-. Now by the impugned order, the Respondent no.2 has forfeited the Bank Guarantee and also blacklisted the petitioner for a period of two years from participating in any bid floated by the Respondent no.2. 4. It has been submitted that before the order was passed a Show Cause Notice was issued to the petitioner on 29.05.2025 asking it to Show Cause as to why action should not be taken against the petitioner for taking benefit of exemption from experience under Small category by concealing actual category of the Firm and why the petitioner may not be disqualified from Bid invited on GeM portal for supply of UPVC Pipes for current Financial year 2025-26. In response to such notice dated 29.05.2025, the petitioner submitted its reply on 31.05.2025 categorically stating that the petitioner has not concealed any facts. The petitioner was manufacturing PVC Pipes with effect from 2021 onwards. However, the impugned blacklisting order has been passed debarring the petitioner for a period of two years in utter violation of Principles of Natural Justice, as the Show Cause Notice that was issued to it on 29.05.2025, a copy of which has been filed as Annexure no.5 to the writ petition did not mention any intention of the Respondents to blacklist the petitioner. 5. We have gone through the Show Cause Notice dated 29.05.2025 and also the impugned order and we find that the action that was proposed to be taken against the petitioner for claiming benefit of exemption wrongly was to the effect that the petitioner may be disqualified from the bid invited on the GeM portal for supply of UPVC Pipes for the coming Financial year 2025-26. 6. The Counsel for the petitioner has pointed out Clause 11.3 of the Contract signed between the parties which mentions blacklisting for a period of two years, in case the supplies are found to be sub-standard and of inferior quality. 7. It has been submitted that in Clause No.19 Delay/ Non- supply of articles may also entail action which includes imposing of liquidated damages for delay, forfeiture of performance security, cancellation of contract or imposition of other available sanctions and penalties. Such imposition of other available sanctions and penalties is not very clear but a vague condition, but at the same time there is no accusation of delay in Supply/ Non-supply of articles. 8. We are of the considered opinion that the Show Cause Notice that was issued to the petitioner was vague and did not mention exact action proposed to be taken. The order dated 06.06.2025 is set aside. 9. The Respondent no.2 is directed to issue a fresh Show Cause Notice to the petitioner within two weeks from the date a certified copy of this order is produced before him. 10. The petitioner shall reply to such specific Show Cause Notice within a further period of two weeks from receipt of such Show Cause Notice. Appropriate decision shall be taken by the Respondent no.2-Chief Engineer, Minor Irrigation Department, Lucknow, within eight weeks thereafter. 11. Accordingly, this writ petition stands allowed to this extent. Order Date :- 12.8.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench