M/S S.A.V POWER WORKS (OPC) PVT. LTD. AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
WRIC/15186/2025 · 2025-05-13
Shekhar B Saraf, Y K Srivastava
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 57556 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 57556 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:79425-DB Court No. - 40 Case :- WRIT - C No. - 15186 of 2025 Petitioner :- M/S S.A.V Power Works (Opc) Pvt. Ltd. And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pranesh Kumar Mishra Counsel for Respondent :- C.S.C.,Shad Khan,Shishir Prakash Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
1. Heard learned counsel for the parties. 2. This is a writ petition under Article 226 of the Constitution wherein the petitioners have prayed for the following reliefs:
"(i) issue a writ, order or direction in the nature of certiorari to quash the impugned order/official memorandum dated 30.04.2025 by which alongwith forfeiture of the Earnest Money Deposit (EMD) of the petitioner's firm in respect of the Tender No.ET-01/O&MC-III/C&IMD-1/Hdj 'D' TPS/2024-25, the petitioner's firm has also been debarred/blacklisted for one year by the respondent no.3 from participating in bidding process for any of the tenders in current/future. (ii) issue a writ, order or direction in the nature of mandamus commanding and directing the respondents not to restrain the petitioner's firm from participating in bidding process for any of its tenders current or in future for Public Sector Undertakings."
3. The main grievance of the petitioners is that the principles of nature justice were not followed while passing the order of debarring/blacklisting the petitioners. 4. Per contra, learned counsel appearing on behalf of the the respondent-authorities has clearly demonstrated before this Court that several opportunities were given to the petitioners to file reply and to appear before the authorities. Though the reply was belatedly submitted by the petitioners, but they did not appear before the authorities and time and again, sought for adjournments. 5. On being confronted by this Court in respect of the explanation given by the petitioners with regard to the alleged false Letter of Acceptance (LoA), the petitioners have not been able to indicate any material either in their reply, that was submitted before the authority, or in any other documents annexed to this writ petition. Furthermore, it is clear from the terms and conditions specified in the tender document that if the requisite documents are not
submitted in Original Hard Copies, action for blacklisting may be initiated against the firm.
In the present case, it is clear that the petitioners have not been able to establish the genuineness of the Letter of Acceptance and accordingly, the authority has debarred/blacklisted the petitioners for a period of one year. 6. We do not find any error, arbitrariness, mala fide or disproportionate punishment in the action taken by the respondent- authorities against the petitioners, debarring/blacklisting them for a period of one year. 7. In light of the above, present writ petition is dismissed. Order Date :- 14.5.2025 RKK/- (Dr Y K Srivastava, J) (Shekhar B Saraf, J) Digitally signed by :- RAJ KUMAR KANNAUJIA High Court of Judicature at Allahabad