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2022 Supreme(Raj) 946

DINESH MEHTA
Ram Pratap Singh – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Mr. Chayan Bothra, Advocate, for the Petitioner
Mr. K.S. Rajpurohit, AAG, for the Respondent
Mr. Ankur Mathur with Mr. Uttam Khan, Advocates, for the Respondent No.1

JUDGMENT

1. By way of present writ petition, the petitioner has challenged the orders dated 13.08.2019 & 14.08.2019 whereby, he has been blacklisted, his earnest money forfeited and further a penalty of Rs.50 lacs has been imposed.

2. So far as blacklisting for a period of two years is concerned, learned counsel for the parties submit that the writ petition has been rendered infructuous because the period of blacklisting (two years) has since elapsed from the date of order dated 13.08.2019.

3. In relation to petitioner's grievance qua order dated 13.08.2019 (Annexure-15) whereby, penalty of Rs. 50 lacs has been imposed upon the petitioner under Section 42 of the Rajasthan Transparency in Public Procurement Act, 2012 (hereinafter referred as 'RTPP Act') and order of even date (Annexure-16) forfeiting the earnest money of Rs. 17,50,000/- is concerned, learned counsel for the petitioner argued that these orders are per-se illegal as no opportunity of hearing was granted to the petitioner.

4. Mr. Mathur, learned counsel appearing for the respondent - corporation submitted that the tender and letter of intent (LOI) issued to the petitioner stood cancelled on account of his failure to do the

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