RANJAN GOGOI, C.J (ORAL)
The challenge in the writ petition is against an order dated 17.02.2011 by which the writ petitioner has been blacklisted for a period of five years. The order dated 17.02.2011 blacklisting the writ petitioner is founded on a judgement of this Court dated 10.08.2010 passed in CWP No. 9771 of 2010 wherein a finding has been recorded that the writ petitioner - firm had used fraudulent means to submit forged documents in respect of some other(s) contract(s).
It is stated by the learned Counsel for the petitioner that the order dated 10.08.2010 passed in CWP No. 9771 of 2010 is presently under challenge in the Hon'ble Supreme Court. If the aforesaid order is to be interfered with by the Hon'ble Supreme Court, the very foundation of the order of blacklisting dated 17.02.2011 will cease to exist.
In the above circumstances, we are of the view that the petitioner should pursue his appeal before the Hon'ble Supreme Court and in the event of a favourable decision he may move the appropriate authority for recall of the order of blacklisting. In the event, the authority decides to persist with the blacklisting order or if the order of the Hon'ble Supreme Court is adverse to the petitioner, in any manner, it will be open for the petitioner to challenge the blacklisting order by means of a fresh writ petition on all such grounds that may be available.
In the light of the above, we deem it appropriate to close this writ petition.