Court No. - 32
Case :- WRIT - C No. - 42354 of 2019
Petitioner :- M/S Verdant Construction Company Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vibhu Rai,Gorakh Yadav,Sri Anoop Trivedi (Sr. Advt.) Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh
Hon'ble Shashi Kant Gupta,J. Hon'ble Shamim Ahmed,J.
Heard the learned counsel for the petitioner and Mr. Kaushalendra Nath Singh, the learned counsel appearing on behalf of the Development Authority and perused the record.
The is writ petition, inter alia, has been filed for the following relief:
" (i) Issue an appropriate writ, order or direction quashing the order dated 10.12.2019 issued by respondent no. 3 (Annexed as annexure no.1 to this petition)".
By means of the present writ petition, the petitioner has challenged the order dated 10.12.2019 passed by the respondent no.3, Senior Project Engineer Public Health NOIDA, whereby the petitioner has been blacklisted for one year depriving him from participating in the bids of Development Authority.
Learned counsel for the petitioner has submitted that the impugned order is a non-speaking order passed in a very casual and mechanical manner without considering and discussing the objection/reply of the petitioner and therefore the same is liable to be quashed.
We find substance in the submission so made by the learned counsel for the petitioner. From perusal of the impugned order, it transpires that the same has been passed abruptly in a slipshod manner by a short and cryptic order applying superficial and casual approach without giving any reasoning or considering the reply/objection of the petitioner. Learned counsel appearing on behalf of the Development Authority has also failed to justify the impugned order.
Reasons are the heartbeats of every conclusion, apart from being an essential feature of the principles of natural justice that ensure transparency and fairness in the decision making process Recording of reasons are indicative of application of mind specially when the order is amenable to further avenues of challenge Since the impugned order is wholly unreasoned and non-speaking, the same can not be sustained In view of the above, the impugned order dated 10.12.2019 passed by the respondent no.3, is hereby set aside leaving it open to the respondent no.3 to consider and decide the matter afresh after considering the reply/ objection of the petitioner by a speaking and reasoned order in accordance with law expeditiously preferably within one month from the date of receipt of a certified copy of this order by giving opportunity of hearing to the petitioner.
It is open for the petitioner to adduce any cogent evidence, if any, in support of his contention and take all legal pleas as permissible in law .
It is made clear that this Court has not expressed any opinion on the merits of the case and the authority concerned shall consider and decide the matter on its own merits.
With the above observations, the writ petition stands disposed of finally.
Order Date :- 19.12.2019 MLK