S.K.JAIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this petition filed under Article 226 of the Constitution, the petitioner has prayed for quashing of orders dated 29.12.2009 (Annexure P/9) and 7.12.2011 (Annexure P/13) passed by respondent no.2.

(2.) The petitioner is a partnership firm and is registered as A-5 contractor with the respondents Public Works Department of the State Government. The petitioner submits that it has the experience of more than 20 years and during this period it has successfully executed different contract works of the State of Madhya Pradesh worth Rs.500 crore.

(3.) The respondents had invited tenders for execution of various works in the districts of Chhattarpur, Satna, Dewas, Narsinghpur and Mandla. A tender was also invited for the construction of Gada Sarai Bajaag Road 16.40 kms. According to the petitioner it submitted 12 tenders for these works on the same date i.e. 30.11.2009 which included a tender regarding construction of Gada Sarai Bajaag Road. For all these tenders the petitioner was required to furnish fixed deposit receipts. Out of 12 tenders submitted by the petitioner, the fixed deposit receipts with 11 of them were found to be genuine. But the three fixed deposit receipts submitted for one contract work i.e. regarding Gada Sarai Bajaag Road were found to be fake and for this reason the respondents by order dated 29.12.2009, Annexure P9, has not only cancelled the registration of petitioner as contractor but also black listed it for all times to come. Aggrieved, the petitioner filed a revision but it too has been dismissed vide order dated 7.12.2011, Annexure P13, passed by respondent no.2. It is in this background the petitioner has filed the present petition.