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2025 DAILYLAW 142359 (ALL)

DR.AMIN CONTROLLERS PRIVATE LIMITED THRU. ITS AUTHORISED SIGNATORY MR. VITTHAL THUMBAR, VICE PRES. v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. HORTICULTURE AND FOOD PROCESSING DEPTT. LKO AND 3 OTHERS

WRIC/5397/2025 · 2025-06-06

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34804-DB Court No. - 2 Case :- WRIT - C No. - 5397 of 2025 Petitioner :- Dr.Amin Controllers Private Limited Thru. Its Authorised Signatory Mr. Vitthal Thumbar, Vice Pres. Respondent :- State Of U.P. Thru. Its Addl. Chief Secy. Horticulture And Food Processing Deptt. Lko And 3 Others Counsel for Petitioner :- Pushpila Bisht Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Praveen Kumar Giri,J. Heard. After hearing the parties at length, what comes out is that as many as 10 show cause notices were issued by the opposite party no. 3 to the petitioner, and only in one of them which is dated 27.12.2024, action of blacklisting was proposed. In any case, the petitioner claims to have responded to all the show cause notices. The submission is that there is no reference in the impugned order which, inter alia, blacklists the petitioner's Company as to in pursuance of which show cause notice, this order has been passed. Secondly, the reply submitted has also not been taken into consideration. Thirdly, as already noticed, only one of the notices referred to the proposed action of blacklisting. Apparently, the impugned order appears to have been passed without proper application of mind and in violation of the principles of natural justice. On being confronted, Shri Shailesh Tiwari, learned Additional C.S.C. stated that a fresh decision would be taken with regard to blacklisting. In view of the aforesaid, the impugned order is quashed, in so far as, it relates to the blacklisting of the petitioner company, with liberty, however, to the competent authority to pass a fresh order but in accordance with law which shall necessarily include a notice proposing the action of blacklisting, consideration of the reply, if any submitted in that regard. The consequential order dated 17.03.2025 is also quashed for the same reason, subject to the aforesaid. The writ petition is allowed in the aforesaid terms. Order Date :- 6.6.2025/Lokesh Kumar [Praveen Kumar Giri, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench