M/S GAURI ENTERPRISES v. STATE OF U.P. AND 3 OTHERS
WRIC/42800/2024 · 2025-02-23
Anjani Kumar Mishra, Jayant Banerji
body2025
DailyLaw.ai
[ 2025 DAILYLAW 112798 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 112798 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:26038-DB Court No. - 3 Case :- WRIT - C No. - 42800 of 2024 Petitioner :- M/S Gauri Enterprises Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashoka Kumar Dubey Counsel for Respondent :- C.S.C.,Madan Mohan Srivastava Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J.
1. Sri Rakesh Pandey, Senior Advocate, who appears for respondent nos. 3 and 4, has obtained instructions, copy whereof is taken on record.
2. Learned Standing Counsel, who had also been granted time to obtain instructions, has not received any instructions.
3. When the petition initially came up for admission on 2.1.2024, the following order was passed:-
"1. Under challenge in the writ petition is the order dated 15.10.2022 passed by the District Magistrate, blacklisting the petitioner firm for an indefinite period. The contention of the counsel for the petitioner is that this concerns the livelihood of the petitioner and that blacklisting for an indefinite period can not be permitted.
2. Learned counsel for the petitioner also states that he is confining this petition only to the aforesaid point being raised by him.
3. Learned counsel appearing for the respondent nos. 3 and 4 and learned Standing Counsel representing the respondent nos. 1 and 2 pray for and are granted two weeks' time and no more to file counter affidavits.
4. List this matter as fresh immediately after two weeks. "
4. From the instructions received by Sri Rakesh Pandey, it cannot be said that any notice was issued to the petitioner prior to the
order of blacklisting.
5. In any case, in our considered opinion, no order of blacklisting can operate for an indefinite period. On both grounds, this petition is liable to be allowed and order dated 13.10.2022 is liable to be set aside.
6. Accordingly, we allow this petition setting aside the order dated 13.10.2022 (Annexure no.6 to this petition).
7. It is, however, clarified that despite this order, it shall be open for the respondents to proceed afresh against the petitioner after giving proper notice and strictly in accordance with law, in case circumstances so justify.
Order Date :- 24.2.2025 Irshad Digitally signed by :- IRSHAD AHMAD SIDDIQUI High Court of Judicature at Allahabad