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2009 Supreme(SC) 116

ARIJIT PASAYAT, ASOK KUMAR GANGULY
State of Orissa – Appellant
Versus
Balram Sahu – Respondent


Advocates Appeared:
For the Appellants:Siboo Sankar Mishra, Advocate.
For the Respondent:Akhilendra K. Mahapatra & Pankaj Kumar Singh, Advocates.

Judgment:

Dr. Arijit Pasayat, J.

1. Leave granted in both the Special Leave Petitions.

2. The controversy in the two appeals lies within a very narrow compass.

Writ Petition No.3445 of 2004 was filed by the respondent before the Orissa High Court, inter-alia, with a prayer that his license as a Super Class Contractor should not be cancelled by the respondent No.2 i.e. Chairman of the Committee of Chief Engineers and Engineers in Chief, Orissa. The Writ Petition was filed under the apprehension that his license was likely to be cancelled. The High Court disposed of the Writ Petition by order dated 13.5.2004 after hearing learned counsel for the writ petitioner and learned Government Advocate with a direction that without issuing show cause notice to the writ petitioner and without giving him a fair opportunity of hearing, his license as Super Class Contractor shall not be cancelled and his security deposit shall not be forfeited.

3. Several miscellaneous cases were thereafter filed by the respondents. By order dated 7.10.2005 the Chairman of the aforesaid Committee directed cancellation of respondents license under Rule 11(a) of P.W.D. Contractors Registration Rules, 1967 (in short t


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