L.N. MALVIYA INFRA PROJECTS PRIVATE LIMITED KALYAN TOLL INFRASTRUCTURE LIMITED JV Vs. MADHYA PRADESH JAL NIGAM

JUDGEMENT

(1.) The instant writ petition filed under Article 226 of the Constitution of India takes exception to the order dtd. 11/12/2025 (Annexure P/13) passed by the respondents whereby, the Works Contract" awarded to the petitioner for execution of Meda MVS, District Betul (M.P.) has been terminated, the performance bank guarantee of the petitioner has been forfeited and the petitioner firm has been debarred for a period of two years. The unexecuted contract work in question is directed to be executed through a new contractor at the risk and cost of the petitioner. The petitioner also challenges the NIT dtd. 12/12/2025 (Annexure P/14) whereby, the bids have been invited for completion of the contract work left unexecuted by the petitioner.

(2.) The petitioner also challenges the order dtd. 19/12/2025 (Annexure P/17) passed by the respondents whereby, the appeal preferred by the petitioner in terms of Clause 8.7 of the Contract Agreement has been rejected.

(3.) The learned Senior Counsel appearing for the petitioner submits that earlier, a writ petition was preferred by the petitioner against the order of termination dtd. 11/12/2025, which was disposed of by this Court vide order dtd. 19/12/2025 passed in W.P. No. 49806/2025. Immediately on the same date, the appeal preferred by the petitioner has been rejected by the respondents vide order dtd. 19/12/2025 without even affording any opportunity of hearing to the petitioner and without assigning reasons on the grounds raised by the petitioner in his appeal.