Madhya Pradesh High Court
M/S Tahal Consulting Engineers Ltd. vs Madhya Pradesh Urban Development ... on 30 August, 2022
Author: Chief Justice
Bench: Ravi Malimath, Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 30 th OF AUGUST, 2022
WRIT PETITION No. 13033 of 2022
Between:-
M/S. TAHAL CONSULTING ENGINEERS LTD. HAVING
ITS INDIAN OFFICE AT PLOT NO.34 PHASE II, II FLOOR
SECTOR 44 GURUGRAM (HARYANA) THROUGH ITS
AUTHORIZED SIGNATORY SHRI RAJKUMAR PANDEY
AGE 53 YEARS, RESIDENT OF LALKAPURWA FAIZABAD
(UTTAR PRADESH)
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI SARABVIR
SINGH OBEROI - ADVOCATE)
AND
1. MADHYA PRADESH URBAN DEVELOPMENT
COMPANY LTD. THROUGH ITS DEPUTY PROJECT
DIRECTOR (TECHNICAL) URBAN DEVELOPMENT
AND HOUSING DEPARTMENT GOVT. OF M.P., 2ND
FLOOR AMARKANTAK BHAWAN PRESS
COMPLEX ZONE -1, M.P. NAGAR BHOPAL 462023
(MADHYA PRADESH)
2. THE ENGINEER IN CHIEF MADHYA PRADESH
URBAN DEVELOPMENT COMPANY LTD. URBAN
DEVELOPMENT AND HOUSING DEPARTMENT
GOVT. OF M.P. 2ND FLOOR, AMARKANTAK
BHAWAN PRESS COMPLEX ZONE -1, M.P. NAGAR
BHOPAL 462023 (MADHYA PRADESH)
3. NAGAR PALIKA PARISHAD HOSHANGABAD
THROUGH ITS CHIEF MUNICIPAL OFFICER
NAGAR PALIKA HOSHANGABAD DISTRICT
HOSHANGABAD (MADHYA PRADESH) 451666
4. STATE OF MADHYA PRADESH DEPARTMENT OF
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 9/1/2022
6:26:08 PM
2
URBAN DEVELOPMENT AND HOUSING THROUGH
ITS COMMISSIONER, THIRD FLOOR PALIKA
BHAWAN SHIVAJI NAGAR, BHOPAL (MADHYA
PRADESH) 462016
.....RESPONDENTS
(SHRI BHARAT SINGH - ADDITIONAL ADVOCATE GENERAL WITH SHRI
SIDDHARTHA SHARMA - GOVERNMENT ADVOCATE FOR THE
RESPONDENT NOS. 1, 2 AND 4)
WRIT PETITION No. 12783 of 2022
Between:-
M/S TAHAL CONSULTING ENGINEERS LTD. HAVING ITS
INDIAN OFFICE AT PLOT NO. 34, PHASE-*II, II FLOOR,
SECTOR 44, GURUGRAM (HARYANA) THROUGH ITS
AUTHORIZED SIGNATORY SHRI RAJKUMAR PANDEY
S/O SHRI RAMESHWAR PANDEY AGED ABOUT 53
YEARS R/O LALKAPURWA, FAIZABAD, U.P. 224229
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI SARABVIR
SINGH OBEROI - ADVOCATE)
AND
1. MADHYA PRADESH URBAN DEVELOPMENT
COMPANY LIMITED THROUGH ITS DEPUTY
PROJECT DIRECTOR (TECHNICAL) URBAN
DEVELOPMENT AND HOUSING DEPARTMENT
2ND FLOOR AMARKANTAK BHAWAN PRESS
COMPLEX ZONE 1, M.P. NAGAR BHOPAL
(MADHYA PRADESH) 462023
2. THE ENGINEER IN CHIEF MADHYA PRADESH
URBAN DEVELOPMENT COMPANY LTD. URBAN
DEVELOPMENT AND HOUSING DEPARTMENT
2ND FLOOR AMARKANTAK BHAWAN PRESS
COMPLEX ZONE 1 M.P. NAGAR BHOPAL
(MADHYA PRADESH) 462023
3. NAGAR PALIKA BARWANI THROUGH ITS CHIEF
MUNICIPAL OFFICER BARWANI (MADHYA
PRADESH) 451666
4. STATE OF MADHYA PRADESH DEPARTMENT OF
URBAN DEVELOPMENT AND HOUSING THROUGH
ITS COMMISSIONER, THIRD FLOOR, PALIKA
BHAWAN, SHIVAJI NAGAR, BHOPAL (MADHYA
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 9/1/2022
6:26:08 PM
3
PRADESH) 462016
.....RESPONDENTS
(SHRI BHARAT SINGH - ADDITIONAL ADVOCATE GENERAL WITH SHRI
SIDDHARTHA SHARMA - GOVERNMENT ADVOCATE FOR THE
RESPONDENT NOS. 1, 2 AND 4)
WRIT PETITION No. 12786 of 2022
Between:-
M/S. TAHAL CONSULTING NGINEERS LTD. HAVING ITS
INDIAN OFFICE AT PLOT NO. 34, PHASE-*II, II FLOOR,
SECTOR 44, GURUGRAM (HARYANA) THROUGH ITS
AUTHORIZED SIGNATORY SHRI RAJKUMAR PANDEY
S/O SHRI RAMESHWAR PANDEY AGED ABOUT 53
YEARS,R/O LALKAPURWA, FAIZABAD, U.P.
.....PETITIONER
(BY SHRI MANOJ SHARMA - SENIOR ADVOCATE WITH SHRI SARABVIR
SINGH OBEROI - ADVOCATE)
AND
1. MADHYA PRADESH URBAN DEVELOPMENT
COMPANY LTD. THROUGH TIS DEPUTY PROJECT
DIRECTOR (TECHNICAL) URBAN DEVELOPMENT
AND HOUSEING DEPARTMENT, GOVT OF M.P.
2ND FLOOR, AMARKANTAK BHAWAN, PRESS
COMPLEX. ZONE I, M.P. NAGAR. BHOPAL
(MADHYA PRADESH) 462023
2. THE ENGINEER IN CHIEF MADHYA PRADESH
URBAN DEVELOPMENT COMPANY LTD. URBAN
DEVELOPMENT AND HOUSING DEPARTMENT
2ND FLOOR AMARKANTAK BHAWAN PRESS
COMPLEX ZONE 1 M.P. NAGAR BHOPAL
(MADHYA PRADESH) 462023
3. NAGAR PALIKA PARISHAD SENDHWA THROUGH
ITS CHIEF MUNICIPAL OFFICER NAGAR PALIKA
BARWANI (MADHYA PRADESH) 451551
4. STATE OF MADHYA PRADESH DEPARTMENT OF
URBAN DEVELOPMENT AND HOUSING,
THROUGH ITS COMMISSIONER, THIRD FLOOR
PALIKA BHAWAN, SHIVAJI NAGAR, BHOPAL
(MADHYA PRADESH) 462016
.....RESPONDENTS
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 9/1/2022
6:26:08 PM
4
(SHRI BHARAT SINGH - ADDITIONAL ADVOCATE GENERAL WITH SHRI
SIDDHARTHA SHARMA - GOVERNMENT ADVOCATE FOR THE
RESPONDENT NOS. 1, 2 AND 4)
These petitions coming on for admission this day, Hon'ble Shri Justice Ravi
Malimath, Chief Justice passed the following:
ORDER
Since the facts and circumstances involved in these petitions are similar, they are taken up for consideration together. For the sake of convenience, the facts as narrated in W.P. No.13033 of 2022 are considered herein.
I.A. No.10981 of 2022 has been filed by the respondent Nos. 1 and 2 to vacate the interim order granted by this Court on 17.06.2022. In terms whereof, the impugned order of blacklisting dated 29.04.2022 was stayed.
Various contentions have been addressed by the learned counsel for the respondents. Ultimately, he submits that an appeal has been preferred before the appellant authority against the very impugned order herein in terms of Annexure P-20,. Therefore, it is for the petitioner to pursue such remedy. Having filed an appeal, no order could be passed so far as the instant petition is concerned.
The same is disputed by Shri Manoj Kumar Sharma, learned senior counsel representing the counsel for the petitioner. He submits various grounds as to why the interim order was granted against the said order. His further plea is that even if the contention of the respondents is to be accepted, the authority does not have the power to grant an interim protection to the petitioner. That such a protection is needed in order to ensure justice to the petitioner.
However, on hearing learned counsels, we are of the considered view that the ends of justice would be met to ensure that adequate protection is granted to the petitioner and at the same time maintaining the interest of the respondents also. Therefore, since the contention being advanced is that the appellate authority has no power to grant an interim Signature Not Verified Signed by: SUSHEEL KUMAR JHARIYA Signing time: 9/1/2022 6:26:08 PM 5 order, we deem it just and necessary that the interim order granted by this Court on 17.06.2022 shall continue till the disposal of the appeal pending before the authority in terms of Ex.P-20.
Since W.P. No.12786 of 2022 and W.P. No.12783 of 2022 are against the similar impugned order, the aforesaid interim order would stand applicable to the petitioners therein.
Accordingly, the writ petitions stand disposed off with the aforesaid directions. Pending interlocutory applications are also disposed off.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
sj
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 9/1/2022
6:26:08 PM