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2025 DAILYLAW 15340 (ALL)

M/S SHANTI MILL STORE THROUGH ITS PROPRIETOR HAKIM SINGH v. STATE OF U.P. AND 3 OTHERS

WRIC/3398/2025 · 2025-02-12

Arun Kumar Singh Deshwal, Ashwani Kumar Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21924-DB Court No. - 29 Case :- WRIT - C No. - 3398 of 2025 Petitioner :- M/S Shanti Mill Store Through Its Proprietor Hakim Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Bajpai Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J. Petitioner is aggrieved by an order of the Executive Engineer, Minor Irrigation Division, District Etawah dated 20.12.2024, whereby it has been blacklisted for a period of three years. The order is primarily assailed on the ground that neither any show cause notice has been issued nor any opportunity has been given before passing such order. Law is well settled that order of blacklisting carries civil consequences and without opportunity of hearing being given to the concerned firm no such order can be passed. On the previous occasion this Court had passed following orders on 6.2.2025:- "Petitioner is aggrieved by an order blacklisting its firm without issuing any notice and affording an opportunity of hearing. It is submitted that law in this regard is already settled by the Supreme Court in its pronouncement made in Erusian Equipment & Chemicals Ltd. vs. State of West Bengal & Anr, AIR 1975 SC 266, which is consistently followed. Learned Standing Counsel seeks a week's time to obtain instruction in the matter. Post as fresh once again on 13th February, 2025." Learned Standing counsel has not been able to obtain instructions. It is otherwise not shown that any opportunity has been given to the petitioner before blacklisting it. Learned Standing counsel submits that instead of keeping the writ petition pending the authorities be permitted to revisit the matter. In that view of the matter and in view of the fact that opportunity of hearing has not been offered to the petitioner, we quash the order impugned dated 20.12.2024. Liberty stands reserved to the respondents to proceed afresh, in accordance with law. Writ petition is, accordingly, disposed of. Order Date :- 13.2.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad