Hon'ble Manish Mathur,J.
Notice on behalf of opposite party nos.1 and 3 has been accepted by learned Additional Chief Standing Counsel, whereas Dr. Ravi Kumar Mishra, Advocate has accepted notice for opposite party no.2, Mr. S.B. Pandey Senior Advocate assisted by Mr. Raj Kumar Singh learned counsel has accepted notice for opposite party no.4 and Mr. Shiv P. Shukla, Advocate has accepted notice for opposite party no.5.
Heard learned counsel for parties and perused the records.
The instant writ petition has been filed seeking following reliefs:
"i. Issue a writ order or direction in the nature of Certiorari quashing the impugned Black listing, after summoning the order in original.
ii. Issue a writ order or direction in the nature of mandamus thereby commanding and directing to the opposite party no.4 to revalidate login ID and password.
iii. Issue a writ order or direction in the nature of mandamus thereby commanding and directing to the opposite parties not to disturb the functioning of the petitioner organization.
iv. Issue a writ, order or direction in the nature and manner which deemed just and proper in the circumstances of the case.
v. Allow the writ petition with costs."
Learned counsel for the petitioner submits that the petitioner/organisation has been blacklisted without providing any opportunity. The question involved in the writ petition has drawn attention of this court in a bunch of writ petitions wherein the court vide order dated 12.1.2021, passed in Writ Petition No.8838 (MB) of 2020; Maa Purna Jan Kalyan Sewa Sansthan and others Vs. State of U.P. and others and other connected matters has disposed of the writ petitions with following observations:
"It is submitted by learned counsel for the petitioners that no order for blacklisting of the petitioners has been issued. They have not been provided any opportunity whatsoever while treating the petitioners to be the blacklisted. The names of the petitioners have been uploaded on the website of the Niti Ayog showing them to be blacklisted.
Learned counsel for Niti Ayog has not been able to show that any opportunity was provided to the petitioners before uploading their names on the website of the Niti Ayog and treating them to be blacklisted.
Learned counsel for petitioners submits that C.B.I. investigation is going on.
We have considered the submissions and gone through the records.
In the facts and circumstances of the case; particularly considering the fact that this Court in the similar facts and circumstances has granted indulgence, these writ petitions are hereby disposed of as under:-
The names of the petitioners from the list at Annexure No.1 to the leading case being Writ Petition No.8838 (M/B) of 2020 is ordered to be deleted from the portal of the Niti Ayog with reactivation of respective I.Ds. The Government can proceed against the petitioners after giving due opportunity to the petitioners."
Learned counsel for the opposite parties do not dispute the aforesaid position.
In view of above, writ petition is disposed of finally in terms of order dated 12.01.2021, passed in Writ Petition No.8838 (MB) of 2020; Maa Purna Jan Kalyan Sewa Sansthan and others Vs. State of U.P. and others. The name of petitioner is ordered to be deleted from the portal of Niti Ayog with reactivation of respective I.Ds. The Government can proceed against the petitioner after giving due opportunity to the petitioner.
Order Date :- 11.2.2021 prabhat