(Cause-title taken from Case Information System)

Order on Board

Per Ramesh Sinha, Chief Justice

1. The present petition has been filed by the petitioner seeking the following relief(s):-

“10.1 The Hon'ble Court may kindly be pleased to issue an appropriate writ/order/direction quashing the termination notice dated 16.04.2026 issued by the Respondent as illegal, arbitrary, void ab initio, and contrary to the terms of the contract, having been passed without due consideration of the Petitioner's replies, without granting extension of time despite compensation events, and in violation of the principles of natural justice; and

10.2) The Hon'ble Court may further kindly be pleased to issue an appropriate writ/order/direction quashing and setting aside the forfeiture of EMD, blacklisting/debarment order dated 27.04.2026, being illegal, arbitrary and violative of principles of natural justice

10.3) The Hon'ble Court may further kindly be pleased to issue an appropriate writ, order, or direction in favour of Petitioner and against the Respondents to withdraw, cancel, or keep in abeyance the fresh e-procurement tender bearing No. 189797 dated 27.04.2026, pertaining to the same work, until final adjudication and settlement of the Petitioner 's claims, as the same has been issued in violation of contractual obligations and without settlement of dues; and

10.4) The Hon'ble Court may further kindly be pleased to issue an appropriate writ, order, or direction in favour of Petitioner and against the Respondents to the Respondent to grant an immediate personal hearing to the Petitioner and further stay the operation and effect of the termination order, blacklisting order, and fresh tender dated 27.04.2026, in the interest of justice and to prevent irreparable loss.

10.5) Cost of the petition may also be granted to the Petitioner; and/or

10.6) Any other relief, which this Hon'ble Court deems fit and proper, may also kindly be granted to the Petitioner, in the interest of justice.”

2. The facts as mentioned in the petition are that, the Petitioner, M/s Konark Agencies, a proprietary civil contractor firm represented by Shri Kanhaiyalal Gupta, participated in an e-tender floated by Municipal Corporation Raipur on 18.01.2025 for construction of a retaining wall at Karbala Talab, Choubey Colony, Raipur. The Petitioner emerged as the lowest bidder (L-1) by submitting a bid of Rs. 1,31,54,000/- and deposited the requisite EMD. Consequently, Work Order No. 456/P.W.D./M.C. Zone-07/2025 dated 21.03.2025 was issued in favour of the Petitioner for execution of the work within a stipulated period of six months. Although the Petitioner was ready to commence the work, the Respondents allegedly failed to provide approved drawings, site details, and technical instructions in a timely manner. The project formally commenced after a Bhoomi Poojan ceremony held on 06.05.2025, and the Petitioner thereafter undertook excavation and initial construction activities. The Petitioner contends that the execution of the work was repeatedly obstructed due to factors attributable to the Respondents, including verbal stop-work directions without written orders, non-shifting of electric poles, heavy monsoon conditions, and non-supply of approved drawings and layouts. Despite repeated representations and requests, only informal sketches and WhatsApp communications were allegedly provided for execution of the retaining wall work. Further case of the Petitioner is that substantial work amounting to approximately Rs. 80,00,000/- had already been executed, including excavation, retaining wall, pitching, and beam work, yet no running bills or payments were released by the Respondents. Multiple notices alleging delay and slow progress were issued by the Respondents between August 2025 and December 2025, to which the Petitioner submitted detailed replies attributing the delay to the Respondents’ own lapses and seeking extension of time, approved drawings, and release of pending payme