Keshri Kumar Singh vs The State of Jharkhand and Others

Aparesh Kr. Singh, J.—Heard learned counsel for the parties. The petitioner is aggrieved by the office order contained in Memo No. 139 dated 12th January, 2007, whereby while registering the Firm M/s. Keshri Kumar Singh in Category-I-A as a contractor, the individual registration of the petitioner as Category-II Contractor earlier issued vide Memo No. 3939 dated 31st August, 2002 and renewed vide Memo No. 3156 dated 24th August, 2005 has been cancelled without any opportunity of hearing.

Learned counsel for the respondents while referring to the statements made in the counter affidavit, on the other hand, submits that the petitioner had already an existing registration in Category-II Contractor vide Memo No. 3939 dated 31st August, 2002, which was renewed on 24th August, 2005 issued for a period of three years. However, he submitted an application for registration in the name of M/s. Keshri Kumar Singh under Category-1A Contractor. The Departmental Registration Committee considered his application and recommended for such registration. However, it was found by the Committee that two registrations of the same petitioner, cannot be in existence under the Jharkhand Enlistment of Contractors Rules, 2001. Accordingly, the registration of the petitioner in Category-II was cancelled while granting him registration in Category-IA.

However, it is not in dispute that before canceling the said registration the petitioner was not given any notice or show cause. The object of the registration, Jharkhand Enlistment of Contractors Rules, 2001, upon which the registrations are relating, may have certain object to achieve but it was open to them to deny the registration of the petitioner in Category-IA or in the alternative to issue notice upon him before canceling his registration in Category-II by the impugned order.

In the circumstances, the part of the order canceling the registration of the petitioner in Category-II vide Annexure-3 is set aside. The matter is remanded to the Respondents-Authorities to pass a fresh order after giving due opportunity to the petitioner, in accordance with law, within a period of 8 weeks from the date of receipt/production of a copy of this order. With the aforesaid observations/directions, this writ petition stands disposed of.