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2025 DAILYLAW 137287 (ALL)

M/S NAVBHARAT CONSTRUCTIONS BARABANKI THRU. PROPRIETOR NAMELY FAIZ AHMAD ABBASI v. STATE OF U.P. THRU. PRIN. SECY. URBAN DEVELOPMENT LKO. AND 3 OTHERS

WRIC/4177/2025 · 2025-05-02

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25324-DB Court No. - 2 Case :- WRIT - C No. - 4177 of 2025 Petitioner :- M/S Navbharat Constructions Barabanki Thru. Proprietor Namely Faiz Ahmad Abbasi Respondent :- State Of U.P. Thru. Prin. Secy. Urban Development Lko. And 3 Others Counsel for Petitioner :- Raj Priya Srivastava Counsel for Respondent :- C.S.C.,Ram Kumar Singh Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. As regards the merits of the matter, admittedly, the petitioner was given a work order in the year 2021 for completing the work in three months, he did not do so. His defence is that when the new Chairman of the Nagar Panchayat was elected and joined sometime in the year 2023, he restrained the petitioner from carrying out the work, but, the question is as to why the petitioner did not complete the work within the period of three months prescribed in the year 2021, therefore, we are not convinced with the challenge on merits, however, while blacklisting the petitioner, no period of blacklisting has been assigned, which is contrary to the law of the land as declared by Hon'ble the Supreme Court in the case of State of Odisha and Ors. Vs. Panda Infraproject Limited; (2022) 4 SCC 393, therefore, a fresh order be issued taking a considered decision as to the period for which the blacklisting order is to operate. While doing so, the concerned opposite party shall keep in mind that the petitioner has already remained blacklisted for about an year, as claimed. The Writ Petition stands disposed of. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 2.5.2025 Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench