RANCHI, India, Sept. 9 -- Jharkhand High Court issued the following order on July 8:

1. This writ petition is under Article 226 of the Constitution of India seeking therein the following reliefs:-

"(a) For issuance of an appropriate writ(s) and/or order(s) and/or direction(s) holding and declaring that the impugned Letter Ref. No. ECL/GM/SPM/2025/1-6/144 dated 20/22- 06-2025 (Annexure-27) issued by Respondent No.4 debarring the Petitioner from participating in future tenders of the Respondent No.1 for a period of one year, is illegal, arbitrary and bad in law.

(b) For issuance of an appropriate writ(s) and/or order(s) and/or direction(s) directing the Respondents to withdraw and/or revoke and/or cancel the impugned Letter Ref. No. ECL/GM/SPM/2025/1-6/144 dated 20/22-06-2025.

(c) For issuance of an appropriate writ(s) and/or order(s) and/or direction(s) to the Respondents, more particularly the Respondent No. 2, 3 and 4 to not to give effect to and/or further effect to the impugned Letter Ref. No. ECL/GM/SPM/2025/1-6/144 dated 20/22-06-2025.

(d) For issuance of an ad interim order of injunction restraining the Respondents from giving effect and/or further effect to the impugned Letter Ref. No. ECL/GM/SPM/2025/1-6/144 dated 20/22-06-2025, till the disposal of this writ petition by this Hon'ble Court."

Factual Matrix

2. The brief facts of the case as per the pleading made in the writ petition, which are required to be enumerated, read as under :-

It is the case of the petitioner that the Respondent No.3 invited e-tender bearing No. ECL/HQ/CMC/ Transport/NIT/SPM II/2024/5308 dated 04-01-2024 for Loading of Coal by CPL, Crushing of Coal by mobile crusher and transportation of coal by 10 wheelers Tipper of 2.10 M.Te of crushed coal within lead slab of 21-22 km from Coal Depot No.11 of Chitra East OCP to Jamtara Railway Siding, loading of by contractor's pay loader into Railway Wagon etc. for a period of 3 years of the estimated contract value of Rs.66.77 Cr. (including GST @18%).

3. The Petitioner participated in the said Tender by submitting its bid and was declared successful bidder. In accordance with the contract conditions, the Respondent No.5 handed-over site to the Petitioner for installation of 400 TPH Mobile Crusher.

4. Thereafter, the Petitioner vide letter dated 22.04.2024 informed the Respondent No.5 that within 20- meter radius of the site handed over, there is a School building and a Majar, which are creating hindrances in the installation work of the Crusher as per contract conditions and requested the Respondent No.5 to provide them clear site for installation of Mobile Crusher free from any obstruction. The Petitioner, therefore, requested the Respondent No.5 to shift the said infrastructure or provide an alternate site free from such obstructions.

5. The Respondent No.4, thereupon, issued Work Order No. ECL/SPM/GM/W.O./SPM11/1-32/03 Dated 20.04.2024 to the Petitioner for a period of 1095 days (3 years).

6. The Petitioner vide their Letter dated 12.06.2024 bearing No. STA/2024-25/76 inter alia requested the Respondent No. 5 to immediately provide Electricity connection for installation of crusher as per the agreed terms of the contract.

7. The Petitioner again vide letter dated 08.08.2024 and Letter dated 22.08.2024, informed the Respondent No.5 that due to aforesaid hindrances on the site, the installation work of the 400 TPH Crusher could not be installed by them and requested the Respondent No. 5 to provide them clear site free of any hinderance.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x0wSBAks8b9qpS8%2BvD6NOXarugJcX%2F5k3OhLabmDB0nB&caseno=WPC/6931/2025&cCode=1&cino=JHHC010215212025&state_code=7&appFlag=)

Disclaimer: Curated by HT Syndication.