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2025 DAILYLAW 134428 (ALL)

M/S SHIVA ENTERPRISES THRU. PARTNER AND AUTH. SIGNATORY SHRI VIRENDRA PRATAP SINGH v. U.O.I. THRU. GENERAL MANAGER NEW DELHI AND OTHERS

WRIC/3566/2025 · 2025-05-15

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28550-DB Court No. - 2 Case :- WRIT - C No. - 3566 of 2025 Petitioner :- M/S Shiva Enterprises Thru. Partner And Auth. Signatory Shri Virendra Pratap Singh Respondent :- U.O.I. Thru. General Manager New Delhi And Others Counsel for Petitioner :- Gaurav Mehrotra,Akber Ahmad,Harsh Vardhan Mehrotra Counsel for Respondent :- A.S.G.I. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard Shri Gaurav Mehrotra, learned counsel for the petitioner and Shri Ankit Srivastava, learned counsel for the opposite parties. 2. On 02.05.2025 we had passed the following order:- "Supplementary affidavit has been filed by the petitioner in response to our earlier orders, according to which, the factum of another person having been inducted as a partner was brought to the notice of different authorities, though, not to the railways, therefore, the error was an inadvertent one in submitting an old copy of the partnership deed instead of the subsequent deed. Learned Counsel for the opposite parties prays for sometime to seek instructions in the matter. List/Put up this case on 15.05.2025 as fresh." 3. After arguing the matter at some length on being confronted with our order dated 02.05.2025 Shri Ankit Srivastava, learned counsel for the opposite parties submitted that the new firm did not fulfill the eligible financial criteria, however, on being asked as to what is the reason given in the impugned order for black listing the petitioner and whether this is the reason mentioned in the impugned black listing order or the show cause notice dated 21.11.2024 he also submitted that this was not the reason. 4. In view of the aforesaid as in view of what has been noticed by us in our order dated 02.05.2025 quoted hereinabove, to which, as of now no reply much less a plausible one has been put forth by learned counsel for the opposite parties rather a different reason is being put forth today which is not mentioned in the show cause notice or the impugned order and the explanation offered by the petitioner, as, noticed in our order dated 02.05.2025, has not been taken into consideration, may be because the decision had been taken prior to receipt of the reply of the petitioner, we quash the impugned order of black listing dated 29.11.2024, however, with liberty to the opposite parties to proceed afresh in accordance with law. 5. The writ petition is disposed of, accordingly. . (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 15.5.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench