Orissa High Court
WP(C)/412/2025 of M/S.SHREEROSE WEALTH VENTURES LTD., MADHUPATNA Vs STATE OF ODISHA on 15 May 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.412 of 2025 M/s. Shreerose Wealth Ventures Ltd. Madhupatna …. Petitioner Mr.Prabodha Chandra Nayak, Advocate -versus- State of Odisha and others …. Opposite Parties Mr.Debashis Tripathy, Addl. Government Advocate CORAM: THE
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.412 of 2025
M/s. Shreerose Wealth Ventures
Ltd. Madhupatna
….
Petitioner
Mr.Prabodha Chandra Nayak, Advocate
-versus-
State of Odisha and others
….
Opposite Parties
Mr.Debashis Tripathy, Addl. Government Advocate
CORAM:
THE HON’BLE THE CHIEF JUSTICE
AND
THE HON’BLE MR. JUSTICE MURAHARI SRI RAMAN
Order No.
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ORDER
15.05.2026
06.
1. Amidst the pendency of the instant writ petition, the order of debarment was passed on 21.07.2025 which the petitioner sought to challenge in the instant writ petition as a subsequent event by amending the writ petition. The amendment was allowed and the initial issue relating to blocking of the portal has now been diverted into an issue relating to an order of blacklisting. Since the blocking of the portal has an implied impact on the Contractor to participate in the future tender, the order of blacklisting also achieves the same consequence, and, therefore, we invited the attention of the appearing counsel to address us on such issue.
2. A show cause notice was issued on 12.11.2024 upon the petitioner on the ground that the petitioner has hidden some work that has been awarded to him by other agencies, and, therefore, does not meet the eligibility criteria as per
Clause-49 of Detailed Tender Call Notice (for short ‘DTCN’) and Schedule-B at Serial No.31.1 of the DTCN.
3. The petitioner was called upon to give a reply as to why for such misdeed, the order for blacklisting the petitioner from participating in the future process be not passed. The petitioner replied to the said show cause notice. The order of blacklisting impugned in the instant writ petition reveals that the blacklisting order is passed taking alien ground not included in the show cause notice.
4. It is trite law that a person must be issued with the show cause notice containing the grounds on which the action is contemplated so that an adequate opportunity to defend may be afforded to him. If the show cause notice is issued on a ground, it is not open to the authorities to pass the order on the other ground de hors the ground enumerated in the show cause notice. There is no fetter on the part of the authority to issue a further show cause notice in the event another ground is found which may lead to blacklisting but it is not permissible in law that the authorities would pass an order of blacklisting citing a ground for which the show cause notice was never issued.
5. It is a denial of an adequate opportunity to defend as the reply to the show cause notice is restricted to the grounds mentioned therein and not the ground taken by the authority while inflicting and/or passing the order of blacklisting. Solely on such ground, the order dated 21.07.2025 passed by the Chief Engineer (Buildings-1), Odisha is hereby quashed and set aside. It is open to the authorities to take appropriate step, if so warranted and this order shall not stand in the way thereof. Since the order of blacklisting is set aside by this Court, the authorities shall immediately unblock the portal.
6. With the aforesaid observation(s) and direction, the writ petition is allowed and disposed of as such.
(Harish Tandon) Chief Justice
(M.S. Raman) Judge Bichi Digitally Signed Signed by: BICHITRANANDA SAHOO Designation: Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 18-May-2026 18:31:56 Signature Not Verified