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2024 Supreme(All) 1080

SHEKHAR B. SARAF, MANJIVE SHUKLA
A. K. Construction Company – Appellant
Versus
Union of India – Respondent


Advocate Appeared:
For the Appellant :Sri Anoop Trivedi, learned Senior Advocate assisted by Sri Devansh Mishra and Sri Vibhu Rai, Advocates
For the Respondents:Sri Mahendra Pratap, Advocate

JUDGMENT :

(pronounced in open court by Hon’ble Shekhar B. Saraf, J.)

1. Heard Sri Anoop Trivedi, learned Senior Advocate assisted by Sri Devansh Mishra and Sri Vibhu Rai, learned counsel appearing for the petitioner and Sri Mahendra Pratap, learned counsel for the National Highway Authority of India (hereinafter referred to as the “NHAI”).

2. This is a writ petition under Article 226 of the Constitution of India wherein the petitioner is assailing the order dated March 31, 2024, passed by the Chief General Manager, Commercial Operations, National Highway Authority of India (being the Respondent No. 3). This order was passed pursuant to the show cause notice issued upon the petitioner dated May 24, 2024, to which the petitioner had given a reply on May 27, 2024.

3. By the impugned order, the petitioner’s contract with the NHAI for running the Kaithi Fee Plaza was terminated, and the petitioner was debarred from the list of pre-qualified bidders for a period of six months.

4. Sri Anoop Trivedi, learned Senior Advocate for the petitioner, has submitted that on a bare perusal of the impugned show cause notice, it is clear that the said show cause notice reeks of pre-meditation and is a fai

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