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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Ravindra Kumar Agrawal, J
M/s A.K. Construction – Appellant
Versus
State Of Chhattisgarh – Respondent
WPC No. 839 of 2026 | WPC No. 778 of 2026 | WPC No. 822 of 2026 | WPC No. 824 of 2026 | WPC No. 825 of 2026 | WPC No. 826 of 2026 | WPC No. 860 of 2026 | WPC No. 878 of 2026 | WPC No. 881 of 2026 | WPC No. 883 of 2026 | WPC No. 884 of 2026



Advocates:
For the Appellants/Petitioners: Mr. B.P.Sharma, Mr. Raza Ali, Mr. Saurabh Choudhary
For the Respondents:Mr. Praveen Das, Additional Advocate General

Blacklisting a contractor for submitting a false experience certificate requires clear proof of intentional wrongdoing; failure to provide such evidence renders the action disproportionate.

Headnote:(A) Article 226 of the Constitution of India - The petitioners challenged the blacklisting decision of the respondent authorities for allegedly submitting fake experience certificates during a tender process, arguing that the certificate was genuine. The authorities claimed the certificate was not issued by the purported issuer, justifying the cancellation of the tender and blacklisting. The court found that while the contract could be annulled for misrepresentation, the blacklisting lacked a clear finding of deliberate fraud or misrepresentation, making it disproportionate and unjust. (Paras 24, 28, 30)

(B) Blacklisting - Civil death - Blacklisting a tenderer has severe consequences, necessitating compliance with principles of natural justice and proportionality, especially in the absence of established culpability. (Para 26)

(C) Tender process - Integrity and authenticity of documents submitted is paramount; any misrepresentation vitiates the contract. (Paras 20, 22)

Table of Content
1. factual background regarding the petitioner firms and tender process. (Para 1 , 4 , 5)
2. petitioners' requests for relief and contestation of decisions. (Para 2 , 3 , 6 , 10)
3. allegations of submission of false experience certificate. (Para 7 , 8 , 11 , 12)
4. procedural fairness in the reconsideration of the tender. (Para 19 , 20 , 21)
5. consequences of blacklisting and requirements for administrative fairness. (Para 22 , 23 , 24 , 26 , 27 , 28)
6. court's order regarding blacklisting and future remedies. (Para 30)

For Respondent(s) No. 1 to 5 / State :Mr. Praveen Das, Additional Advocate General For Respondent(s) No. 6 :None Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Ravindra Kumar Agrawal, Judge Judgment on Board Per Ramesh Sinha, Chief Justice

28/02/2026

1. Heard Mr. B.P.Sharma, Mr. Raza Ali, and Mr. Saurabh Chaudhary, learned counsel for the petitioner(s) as well as Mr. Praveen Das, learned Additional Advocate General for the State/respondents.

2. The petitioner(s), by way of these petitions under Article 226 of the Constitution of India , have prayed for the following relief(s):

WPC No. 839/2026 A. A writ and/or an order in the nature of appropriate writ do issue calling for the records of the case pertaining the petitioners' case from the respondent concerned if this Hon'ble Court may deem fit in the facts and circumstances of case.

B. A writ and/or an order in the nature of appropriate writs do issue quashing the decision of respondent authorities taken in its meeting dated 02.12.2025, communicated to petitioners vide letters dated 2.1.2026 & 28.1.2026 (Annexure P-12), of maintaining the order dated 20.12.2024 attached with letter dated 17.2.2025 (Annexure P- 4), which has already been quashed by this Hon'ble Court, and also of blacklisting the petitioner firm for a period of three years in respect of all future works of respondent authorities and in effect petitioners be allowed to complete the work under the agreement executed by and between the parties by giving life to the agreement in question after quashing the impugned decision, being arbitrary, illegal and not sustainable in law and a specific direction be issued to respondent authorities to make payment of work completed within the time allowed by this Hon'ble Court and further allowing reasonable time for completion of balance work and payment thereof with such enhancement as permissible under the law, in the interest of justice.

C. A writ and/or an order in the nature of appropriate writs do issue quashing the NIT No.332 Dated 29.01.2026 / SYS No.184608/1st Call (Annexure P-13) for balance work at the risk and cost of petitioners being arbitrary and in violation of petitioners' illegal fundamental, constitutional and other rights.

D. Any other relief which this Hon'ble Court may deem fit in the facts & circumstances of case.

E. Cost of the petition may also be awarded.

WPC No. 778/2026 A. A writ and/or an order in the nature of appropriate writ do issue calling for the records of the case pertaining the petitioners' case from the respondent concerned if this Hon'ble Court may deem fit in the facts and circumstances of case.

B. A writ and/or an order in the nature of appropriate writs do issue quashing the decision of respondent authorities taken in its meeting dated 02.12.2025, communicated to petitioners vide letters dated 2.1.2026 & 28.1.2026 (Annexure P-12), of maintaining the order dated 20.12.2024 attached with letter dated 17.2.2025 (Annexure P- 4), which has already been quashed by this Hon'ble Court, and also of blacklisting the petitioner firm for a period of three years in respect of all future works of respondent authorities and in effect petitioners be allowed to complete the work under the agreement executed by and between the parties by giving life to the agreement in question after quashing the impugned decision, being arbitrary, illegal and not sustainable in law and a specific direction be issued to respondent authorities t

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