SUJIT NARAYAN PRASAD,J. - (1.) This writ petition is under Article 226 of the Constitution of India wherein the following reliefs have been sought for : "(A) For issuance of appropriate writ(s) / order(s) / direction(s) particularly a writ in the nature of certiorari for quashing/setting aside of show cause notices dated 13.06.2019, bearing: (I) Ref. No. BCCL / CMC / F-HEMM-OS / Sh.Ca. / Dev. Mult / 2019 / 223, (II) Ref. No. BCCL / CMC / F-HEMM-OS / Sh.Ca. / DCPL-JV / 2019 / 221, & (III) Ref. No. BCCL / CMC / F-HEMM-OS / Sh.Ca. / DCPL-JV / 2019 / 222 (Annexure-6 Series to this writ application) issued by the respondent no. 3, whereby show cause notices have been served upon the petitioners without any cause of action, and with allegation that wrong and inflated certificates have been issued to fulfill eligibility criteria, in relation to E-tender No. BCCL/CMC/e-Tender/F-HEMM - OS/2018/12, dated 06.01.2018 (Annexure-1 to this writ application). (B) For issuance of appropriate writ(s) / order(s) / direction(s), declaring that in the facts and circumstances, no penal actions can be initiated against the petitioners, particularly in view of the fact that there has been no substantial execution of contract in between the parties (petitioners and the respondent BCCL), and therefore, no breach of terms and conditions arise, and further to declare that there has been no misrepresentation on part of the petitioners herein."?
(2.) The show cause notices dated 13.06.2019 since have been challenged on the ground that the same have been issued with biasness and with the pre-occupied mind, therefore, the issuance of show cause notices is nothing but merely a ritual and as such this Court may interfere under Article 226 of the Constitution of India by quashing it.
(3.) Mr. Ajit Kumar, learned senior counsel appearing for the petitioners, in order to strengthen his argument has relied upon the judgments rendered by Hon'ble Apex Court in the cases of Kumaon Mandal Vikas Nigam Ltd. vs. Girja Shankar Pant and Ors., reported in (2001) 1 SCC 182, Siemens Ltd. vs. State of Maharashtra and Ors., reported in (2006) 12 SCC 33 and Oryx Fisheries Private Limited vs. Union of India and Ors., reported in (2010) 13 SCC 427. He has further relied upon a judgment/order passed by this Court in W.P.(C) No.124 of 2019 wherein pertaining to the same notice inviting tender, this Court has declined to interfere with the show cause notice issued against M/s SGPL TCPL BP(JV) (A Joint Venture entity), M/s. S G Projects Limited and M/s. Balaji Projects, (A Partnership Firm). ;