ORDER :

UTKARSH THAKORBHAI DESAI, J.

1. The applicant who is apprehending arrest at the hands of CID Crime, Vadodara Zone Police Station for the offence which came to be registered vide Part-A I CR No. 11201005250003 of 2025 dated 22.06.2025, as regards the offence alleged to have been committed under sections 406, 409, 420, 467, 468, 471, 474, 114 and 120-B of the IPC and 13(1)(a), 13(1)(b), 13(2), 7(a) of Prevention of Corruption Act, has preferred the present application prayed for anticipatory under section 482 of the BNSS, 2023.

2. Heard learned advocate Mr. N. L. Ramnani assisted by learned advocate Ms. A. N. Ramnani, for the applicant. Mr. Ramnani would submit that, the applicant is a proprietor of a registered firm namely Nanabhai Virabhai Panchal and is carrying on business as government approved contractor.

3. The State Government had established Water and Sanitation Management Organization (WASMO) in the year 2002, which is working under the supervision of Gujarat Water Supply and Sewerage Board, Gandhinagar. The said authority WASMO had invited tenders for laying pipelines and providing water connection in different villages in Mahisagar District under the Government Scheme named “Tap Connectivity in Triable Area (Nal se Jal Yojana)” in the year 2020-2021.

4. It is submitted that, the applicant was awarded four works contracts at villages Vadhela, Kanod, Khadodi Ni Movadi and Keslavati. He had completed all the works to the fullest satisfaction of the site engineer and other office staff deputed by the WASMO and that, he was never put to notice about the quality and quantity of work being deficient.

5. It is further submitted that, all the works were under the direct charge of the Chairman of water committee appointed by WASMO, and the said post was given to the Sarpanch of the concerned village, and accordingly, there was a written contract between the applicant and the Chairman of water committee appointed by WASMO. Thus, the entire work was being monitored by the Chairman and also by the engineer deputed by the WASMO.

6. It is submitted that, all the measurements of the work completed were taken and maps were prepared and joint measurements were also taken by both the parties and were sent for approval of the WASMO, and after complete cross-verification, bills were prepared by the department.

7. It is further submitted that, the applicant had completed all the works awarded to him since long. However, the department had not released his payments and had wrongly withheld huge amounts to the tune of 20% to 25% of the total amount due and payable to him.

8. It is also submitted on behalf of the applicant that, the department had remained silent for two years and had not released his outstanding dues despite repeated follow-ups, and then, all of a sudden had passed absolutely wrong and illegal orders of not only blacklisting the his firm along with 110 other firms for indefinite period, but had also made an attempt to recover the amount more than what was paid to the his firm against the execution of the works, which were awarded by the way of contract.

9. It is also submitted that, the applicant was neither given any chance to put up his defence nor a prior notice was given to him before issuing the recovery notice. However, the order of blacklisting and recovery was challenged by the applicant as well as other contractors before the High Court, and all the orders of recoveries were set aside whereas, the order of blacklisting the applicant's firm and other firms was voluntarily revoked by the department.

10. It is submitted that, the applicant was served with a fresh notice whereby, he was called at Gandhinagar and that, he had submitted all the relevant documents and bills with the department, and he was assured that his balance amount would be released soon by the department. However, the same was not done.

11. It is also mentioned that, the government portal of Gujarat government has posted the scheme of “Nal Se Jal Yojana