Orissa High Court
Conferencing vs Unknown on 10 December, 2020
Author: S. Panda
Bench: S. Panda
W.A No.592 of 2020
04 10.09.2020 This matter is taken up through Video
Conferencing.
Heard learned counsel for the parties.
By way of this Writ Appeal the appellant has
challenged the order dated 07.01.2020 passed by the learned
Single Judge in W.P.(C) No.28366 of 2019 under Annexure-
9.
On perusal of the order passed by the learned
Single Judge, it is found that the appellant had earlier
moved before this Court in W.P.(C) No.10337 of 2018
challenging the order with regard to cancellation of the
Agreement under Annexure-1 in which the appellant-firm
was blacklisted as Transport Contractor by the Collector,
Kandhamal- respondent No.2.
The learned Single Judge has disposed of the said
writ petition with a direction to the Collector, Kandhamal-
respondent No.2 to take a decision on the representation of
the appellant for reconsideration of the matter as to the
termination of the agreement and black listing. The appellant
was called for explanations by issuance of two notices on
different dates. The appellant submitted her show cause
along with representation. But, without giving opportunity
of hearing to her and taking into consideration of her show
cause, she was informed by the Collector, Kandhamal-
respondent No.2 through his letter vide No.1189/SW dated
6.6.2017 (Annexure-6) about cancellation of Agreement as
Transport Contractor and blacklisting her firm not to
participate in tender process henceforth of any department
2
within Kandhamal District, against which, she further
filed another Writ Petition wherein the impugned
order passed under Annexure-9 has been challenged in this
Writ Appeal.
Considering the submissions and averments made,
we dispose of the Writ Appeal by setting aside the order
under Annexure -6 issued by the Collector, Kandhamal-
Respondent No.2. So far as blacklisting of appellant's Firm is
concerned, it is directed that a fresh proceeding shall be
initiated, in which, the appellant shall be given opportunity
of hearing afresh regarding cancellation of Agreement. The
said process shall be completed within a period of three
months from the date of production of the soft copy of this
order.
As Lock-down period is continuing for COVID-19,
learned counsel for the parties may utilize the soft copy of
this order available in the High Court's website or print out
thereof at par with certified copies in the manner prescribed,
vide Court's Notice No.4587 dated 25.3.2020.
.............................
S. Panda, J.
............................. S. K. Panigrahi, J.
LNB