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2025 DAILYLAW 58543 (ALL)

M/S CHEMESTER FOOD INDUSTRY PVT. LTD. v. STATE OF U.P. AND 3 OTHERS

WRIC/15641/2025 · 2025-05-29

Shekhar B Saraf, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:93852-DB Court No. - 40 Case :- WRIT - C No. - 15641 of 2025 Petitioner :- M/S Chemester Food Industry Pvt. Ltd. Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pankaj Dubey,Rishu Mishra Counsel for Respondent :- C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard Sri Pankaj Dubey, learned counsel for the petitioner and Sri Abhishek Srivastava, learned Additional Chief Standing Counsel appearing for the State-respondents. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has prayed for the following substantial reliefs: "I. To issue a writ, order or direction in the nature of certiorari calling for the record and quashing the impugned order dated 03.05.2025 (corrected on 06.05.2025) passed by respondent no.4 (Annexure No.1 to the Writ Petition). II. To issue a writ, order or direction in the nature of mandamus commanding the respondents not to debar the petitioner from participating in tenders issued by the respondents, before this Hon'ble Court and he has not filed any other writ petition or application including review application etc." 3. Upon perusal of the impugned order dated 03.05.2025, it is clear that the said order has been passed without giving any reason whatsoever. Furthermore, the order was passed without granting an opportunity of hearing to the petitioner. 4. In light of the same, the impugned order dated 03.05.2025 passed by respondent no.4/Chief General Manager, Obra Thermal Power Station, Sonbhadra, debarring the petitioner from participating in tender proceeding for three years, is quashed and set aside. 5. With the above directions, the writ petition is disposed of. 6. We make it clear that the respondent authority concerned may proceed against the petitioner in accordance with law after granting opportunity of hearing to the petitioner. Order Date :- 30.5.2025 Shahroz (Dr. Y.K. Srivastava,J.) (Shekhar B. Saraf,J.) Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad