M/S SANJAY KUMAR CHOUBEY & COMPANY, HAVING OFFICE AT 183, CO Vs. THE STATE OF JHARKHAND THROUGH THE SECRETARY, ROAD CONSTRUCTION DEPARTMENT, HAVING OFFICE AT PROJECT BUILDING, PO AND PS DHURWA, TOWN AND DISTRICT RANCHI

JUDGEMENT

(1.) Dismissal of the writ petition being W.P.(C) No. 2544 of 2011 whereby, the order of blacklisting and cancellation of registration of M/s Sanjay Kumar Choubey & Company has been affirmed by the Writ Court, has given a cause to the appellant-writ petitioner (hereinafter referred to as petitioner) to file the present Letters Patent Appeal.

(2.) Heard.

(3.) Mr. Manoj Tandon, the learned counsel for the petitioner submits that the cancellation of registration of a company and an order of blacklisting of the company are two distinct actions which entail different consequences. Though, without registration a company cannot be enlisted as an approved contractor, mere cancellation of the registration would not permit the respondent authority to pass an order of blacklisting for indefinite period. It is further submitted that the allegation of receiving an amount of Rs. 1,74,00,044.00 in excess of the work executed by the petitioner on the ground that the petitioner did not sign on the measurement book on the face of it, is frivolous and on this count alone the writ petition deserves to be allowed.