Jharkhand High Court
Abhilasha Commercial Pvt. Ltd vs State Of Jharkhand And Anr on 24 October, 2019
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.5253 of 2019
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Abhilasha Commercial Pvt. Ltd. ......... Petitioner Versus State of Jharkhand and Anr. .......... Respondents With W.P.(C) No.5432 of 2019 M/s XO Footwear Pvt. Ltd. ......... Petitioner Versus State of Jharkhand and Ors. .......... Respondents
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CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
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For the Petitioner :Mr. Indrajit Sinha, Adv.(In W.P.(C) No.5253 of 2019) :Mr. V.P. Singh, Sr. Adv.(In W.P.(C) No.5432 of 2019) For the Resp.-State: Mr. Shristi Sinha, AC to AG For the Resp.-JEPC: Mr. Krishna Murari, Adv.
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2/24.10.2019 Both the writ petitions pertain to similar issue, therefore, the same have been heard together.
In Both the writ petitions reliefs sought for quashing the order dated 18.09.2019 issued by the State Project Director, Jharkhand Education Project Council, by which, the petitioner has been blacklisted for a period of one year from the date of issuance of impugned letter, in consequence thereof, they have been debarred from participating in the future tender.
The ground which has been agitated in assailing the said order as has been argued by the learned counsel for the petitioners is that although the show cause has been issued, reply has been submitted but without consideration of the reply, the impugned order has been passed showing the said reply as dis-satisfactory.
Further ground has been agitated that there is no misrepresentation of fact on the part of the petitioner attracting the condition stipulated under clause-22 of Section-II of Information to Bidders, since the petitioners have not committed any corrupt and fraudulent practice as because the petitioner has participated in the first tender for supply of the material issued on 28.06.2019 along with sample which has duly been tested in the approved laboratory but the authorities have made an allegation against the petitioner that the quality of the bags which has been submitted by way of sample has been found to be of low standard which they have gathered from the reports tested from the government laboratory, Textile Committee, Ministry of Textile, Govt. of India situated at Gurugram in the State of Haryana while according to the petitioner, they have got a sample tested from the laboratory of Department of Industries and Commerce, Haryana.
Mr. Krishna Murari, learned counsel appearing for the respondent no.2-JEPC, has sought for time to file detailed counter affidavit by giving para-wise reply to the averment made in the writ petition as also the ground which has been agitated by the learned counsel for the petitioners hereinabove.
As prayed for by Mr. Murari, list this case on 07.11.2019 under the appropriate heading.
Mr. Murari, learned counsel for the respondent no.2, is directed to serve the copy of the counter affidavit preferably by 06.11.2019, so that, before the next date of listing, the petitioner shall file response to the same, if any.
(Sujit Narayan Prasad, J.) Rohit/-