IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.35140 of 2025 Minakshi Swain …. Petitioner Mr. S. K. Nayak (2), Advocate -Versus-

State of Odisha and another …. Opposite Parties Mr. Debashis Tripathy, AGA CORAM:

HON’ BLE THE CHIEF JUSTICE AND HON’BLE MR. JUSTICE MURAHARI SRI RAMAN

ORDER

Order No. 19.01.2026

01. 1. The petitioner has challenged the order dated 1^st November, 2025 by which he was debarred / blacklisted from participating in future tender for a period of three successive years primarily on the ground that the said order is violative of principles of natural justice.

2. According to the petitioner, neither any show-cause notice was issued nor an opportunity of hearing was given and the authority surreptitiously issued the blacklisting / debarment order for a successive period of three years. The judgment of this Court rendered in Artatran Bhuyan v. State of Odisha & Ors. reported in 2025 (II) ILR-CUT-1042 is relied upon by learned counsel for the petitioner that there is no fetter on the part of the Court to reduce the period of debarment / blacklisting, if the default and/or violation of the terms and conditions of the contract is not so grievous.

3. We had an occasion to peruse Annexure-3 to the instant writ petition, which is a subject matter of challenge in the instant writ petition. The third paragraph of the said order reflects the steps having taken by the authorities before embarking the journey in relation to blacklisting / debarment of the petitioner. It is clearly discernable therefrom that a show-cause notice was served vide Department letter No.22324/H, dated 31^st July, 2025 upon the petitioner giving him opportunity to file a written reply within seven days from the date of issuance of the notice as to why an action should not be initiated for cancellation of the Purchase Order and blacklisting of the firm. Despite the show-cause notice having served, the petitioner did not choose to file reply thereto. However, in paragraph-8 of the instant writ petition, the petitioner has categorically averred that he neither received any show-cause notice nor was aware of any proceedings having initiated, which would further be corroborated from the letter dated 17^th November, 2025 issued to the authority after receiving the impugned order.

4. Whether the show-cause notice was served on the petitioner or not, we feel that the State must produce the relevant document in support thereof.

5. Accordingly, list this matter on 27^th January, 2026.

(Harish Tandon)

Chief Justice (M.S. Raman)

Judge M. Panda Signature Not Verified Digitally Signed Signed by:

MRUTYUNJAYA PANDA Reason:

Authentication Location: High Court of Orissa, Cuttack Date: 20-Jan-