Neutral Citation No. - 2025:AHC:20208-DB Court No. - 29 Case :- WRIT - C No. - 9517 of 2024 Petitioner :- Smt Subhadra Devi Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Shri Kant Shukla Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Order passed by the Regional Food Controller, Basti Region, Basti, dated 29.12.2023, permanently blacklisting the petitioner, is assailed in this petition. Subsequent order dated 11.03.2024, whereby the previous order has been maintained, is also challenged. The primary charge against the petitioner is that foodgrains were belatedly transported and, therefore, the obligation under the contract has not been performed to the satisfaction of the respondents. 2. Learned counsel for the petitioner places reliance upon judgment of the Supreme Court in the case of Kulja Industries Limited vs. Chief General Manager, Western Telecom Project BSNL, (2014) 14 SCC 731 in order to submit that 'debarment' for indefinite period is impermissible. Para 25 of the judgment in Kulja Industries Limited (supra) is relied upon, which is reproduced hereinafter:- "25. SufÏce it to say that "debarment" is recognized and often used as an effective method for disciplining deviant suppliers/contractors who may have committed acts of omission and commission or frauds including misrepresentations, falsification of records and other breaches of the regulations under which such contracts were allotted. What is notable is that the "debarment" is never permanent and the period of debarment would invariably depend upon the nature of the offence committed by the erring contractor." (Emphasis supplied by us) 3. Reliance is also placed upon judgment in the case of B. C. Biyani Projects Pvt. Limited vs. State of Madhya Pradesh, 2017 (3) AWC 2840, wherein the earlier judgment in Kulja Industries Limited (supra) has been relied upon and the order of blacklisting, permanently, has been set aside. 4. In the facts of the present case, the petitioner is a transporter and the only charge against her is of causing delay in transporting 4 quintal wheat. The factual enquiry report of District Magistrate, Basti, contained in Annexure-18 to the writ petition, clearly acknowledges the fact that entire wheat was delivered and there was merely delay of few days in delivery of foodgrains. 5. Considering the fact that the limited charge against the petitioner is of causing delay in transporting foodgrains and the petitioner has already remained blacklisted for more than a year, we are of the view that the orders impugned permanently blacklisting the petitioner cannot be sustained and are hereby quashed. 6. Writ petition succeeds and is allowed. Order Date :- 11.2.2025 Ashok Kr. Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad