M/S KANHAIYA ENTERPRISES AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
WRIC/10512/2025 · 2025-04-08
S Q H Rizvi, Saurabh Dwivedi Registrar J Cpc
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38897 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38897 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:51945-DB Court No. - 39 Case :- WRIT - C No. - 10512 of 2025 Petitioner :- M/S Kanhaiya Enterprises And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- P.K. Upadhyay,Vikram Yadav Counsel for Respondent :- C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Syed Qamar Hasan Rizvi,J.
1. Mr. Upadhyay, learned advocate appears on behalf of petitioner and submits, his client supplies food (mid-day-meals). Under challenge is order of black listing dated 12.08.2024. The order was made without granting opportunity of hearing. He draws attention to test report dated 17.08.2024 and submits, nothing wrong was found upon test conducted on sample drawn from the food supplied by his client. He seeks interference.
2. Mr. Shukla, learned advocate, Additional Chief Standing Counsel appears on behalf of State and submits, there be adjournment for him to obtain instructions.
3. We see that show cause notice dated 06.08.2024 was issued, obviously pursuant to which impugned order dated 12.08.2024 was made. On query, Mr. Upadhyay, submits that the show cause notice was not served on his client.
4. Be that as it may, since impugned order of black listing was made prior to test report dated 17.08.2024, we set it aside. We direct concerned authority to hear petitioner, consider the test report and pass fresh order. Petitioner will communicate certified copy of this order to respondent no.2 by 16.04.2025. Omission of communication will automatically restore impugned order.
5. The writ petition is disposed of. Order Date :- 9.4.2025 Abhishek Gupta (Arindam Sinha,J.) (Syed Qamar Hasan Rizvi,J.) Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad