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2021 Supreme(Jhk) 315

RAJESH SHANKAR
Krishna Constructions, Gumla, through its partner, Jagannath Sahu – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Nilesh Kumar
For the State : Mr. Ashok Kumar, G.A-I Ms. Priyanka Bobby, A.C to G.A-I

1. The present writ petition has been filed for quashing Memo No. 1833(S) dated 15.03.2016 (Annexure-10 to the writ petition) issued by the respondent No.2 whereby the petitioner has been blacklisted with immediate effect.

2. The factual background of the case, as stated in the writ petition, is that the petitioner is a registered partnership firm engaged in construction and government construction works for the last several years without any complaint or allegation. In the year 2009, the petitioner and one M/s Saptagiri Construction participated as a joint venture agency in the tender process for widening and strengthening of Simdega-Rengari-Kersai-Bolba up to Orissa Border road. The said agency was declared as L-1 in the said tender and thereafter Agreement No. 01 of 2009-10 was executed between the said joint venture agency and the respondent No.3 on 29.07.2009. The agreement value of the work was Rs.37,85,20,733/-. The petitioner started the said work after receiving Letter of Acceptance as well as notice to proceed with the work. However, the same was delayed for the reason that the entire land was not provided to the joint venture agency due to failure in timely acquisition o

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