RANJIT BUILDCON LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this batch of petitions, petitioners have challenged legality and validity of impugned action of respondent authority in debarring the petitioners for a period of three years by passing impugned orders and since common question of facts and law have arisen in these identical petitions, learned advocates have jointly requested to deal with the same conjointly and since submissions are identical in nature, same have been made in Special Civil Application No.10039 of 2023. Accordingly, considering the request, we have taken up hearing conjointly by treating Special Civil Application No.10039 of 2023 as a lead matter and basic facts are taken from it.

(2.) Petitioner of lead petition is a company incorporated under the provisions of Companies Act, 1956, engaged in the business of construction of infrastructure projects like Dam, Barrages, Weirs, Marine Structures, River Bridges, Road Bridges, Flyover, Railway Bridge, Roads, mining and Irrigation, Water Supply Projects in the State of Gujarat and across the country. Petitioner is also engaged in the business of construction of Metro Rail in Ahmedabad and Surat pursuant to work orders having been awarded by Metro Rail Corporation Ltd. It is the say of petitioner company that in his history of functioning and carrying out business under various projects, it has never been blacklisted or debarred in any of the projects.

(3.) It is the assertion of petitioner that respondent No.2, i.e. GWSSB has already awarded three tenders to the petitioner company for designing and constructing of filter plant conventional/ unconventional, RCR, ESR, RCC U/G Sump, Pump House, providing Lowering & Laying of various types & dia of pipeline, SITC Pumping machinery including electro mechanical works and other ancillary works etc. and including O&M of entire Regional Water Supply Scheme (RWSS) for five years after completion of works. Details of such tenders are provided in paragraph 5.3 of the petition, which read as under:-