Neutral Citation No. - 2025:AHC:107864-DB Court No. - 40 Case :- WRIT - C No. - 15877 of 2021 Petitioner :- M/S M And R Enterprises And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Samarath Singh,Sankalp Narain Counsel for Respondent :- Arti Raje,C.S.C.,Shri Ram Pandey,Vineet Sankalp Hon'ble Ashwani Kumar Mishra,J. Hon'ble Jayant Banerji,J. 1. Heard learned counsel for the petitioners and Shri Vineet Sankalp, learned counsel for the respondent-Jalkal Vibhag, Nagar Nigam, Varanasi. 2. The aforesaid writ petition has been filed seeking quashing of an order dated 10.5.2021 passed by the Secretary, Jalkal Vibhag of the Nagar Nigam, Varanasi whereby the petitioner-firm has been listed on the black-list and the entire work order has been cancelled and recovery of expenses has been directed. 3. The sole contention of the learned counsel for the petitioners is that no show cause notice has been issued to the petitioner-firm prior to the passing of the order of blacklisting. 4. When the matter was listed on 19.7.2021 and 27.7.2021, the learned counsel appearing for respondent nos.2, 3 and 4 was repeatedly granted time to obtain instructions as to whether any show cause notice had been issued to the petitioner-firm before the order of blacklisting was passed. Neither any affidavit has been filed on behalf of the respondent nos.2, 3 and 4 and nor is the learned counsel for the respondents able to say whether any show cause notice was issued. 5. A perusal of the impugned order dated 10.5.2021 reflects that some contract was awarded to the petitioner-firm and the mini bore-well constructed by the petitioner-firm was ejecting sand with water. As reflected in the order, it was directed to re-develope the mini bore-well by means of repeated notices. Since the requisite work was not done nor any satisfactory reply was given, the order impugned was passed cancelling all work orders and putting the name of the petitioner-firm on the blacklist. The order impugned does not reflect of any show cause notice having been issued to the petitioner on the aspect of blacklisting. The order, therefore, cannot sustain. 6. Under the circumstances, the order impugned dated 10.5.2021 to the extent it blacklists the petitioner-firm is hereby quashed. However, it will be open to the concerned respondents to issue a fresh show cause notice to the petitioner-firm in accordance with law and subject to the conditions of issuance of show cause notice being met and take further steps accordingly. It is clarified that by this order, the impugned order dated 10.5.2021 is quashed only to the extent it blacklists the petitioner-firm. 7. The writ petition is, accordingly, allowed. Order Date :- 8.7.2025 SK Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad