LAWS(ALL)-2019-9-358

BABA TRADERS Vs. STATE OF U.P.

Decided On September 27, 2019
Baba Traders Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri B.K. Srivastava, learned Senior Counsel assisted by Sri Dhiraj Srivastava, learned counsel for the petitioner and Sri K.R. Singh, learned counsel appearing for the second, third and the fourth respondents.

(2.) The present petition seeks to challenge the order dated 13.05.2019 passed by the third respondent/Vice Chairman, Gorakhpur Development Authority, Gorakhpur whereby the petitioner has been blacklisted for the purposes of allotment of contract of work by the Gorakhpur Development Authority and a penalty of Rs.20 lacs has been imposed. A further prayer is made for disposal of a representation made in this regard by the petitioner before the third respondent.

(3.) The facts of the case, as per the pleadings in the writ petition, in brief, are that the petitioner is a contractor registered with the Gorakhpur Development Authority engaged for the purposes of construction work for the past several years, and was directed by the respondent authorities to complete the work of construction of a culvert on a drain on urgent basis. It has been averred that after completion of the work some of the bricks used temporarily for supporting the concrete remained left over, and taking that to be the basis the impugned order dated 13.05.2019 has been passed by the third respondent blacklisting the petitioner permanently and imposing Rs.20 lacs as penalty for the alleged use of old bricks in the construction work.