Court No. - 3
Case :- WRIT - C No. - 17939 of 2020 Petitioner :- M/S R.D. Advertising Pvt. Ltd. Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Siddharth Nandan Counsel for Respondent :- C.S.C.,Kartikeya Saran
Hon'ble Naheed Ara Moonis,J. Hon'ble Saumitra Dayal Singh,J.
Heard Sri Siddharth Nandan, learned counsel for the petitioner, Sri Kartikeya Saran, learned counsel for the respondent no.3 and learned Standing Counsel for the State.
Present writ petition has been filed for the following relief;
"A writ or direction in the nature of certiorari quashing the impugned recovery certificate dated 24.08.2020 issued by Tehsildar, Tehsil Sadar, District Prayagraj i.e. Respondent No.2 and order dated 18.08.2020 passed by Prayagraj Mela Pradhikaran i.e. Respondent No.3, (contained as Annexure No.01 and 02 to the writ petition)."
Perusal of the order dated 18.08.2020 reveals that a direction to blacklist has been issued for an indefinate period. The said direction is wholly contrary to the law and violative of the fundamental rights of the petitioner.
On 29.07.2021, we granted time to Sri Kartikeya Saran, learned counsel for the respondent no.3 to obtain instructions as to how the Mela Authority blacklisted the petitioner for an indefinite period.
Today, upon instruction, Sri Saran would submit that though the blacklisting could not be for indefinite period of time, however, in the light of the breach of contract made by the petitioner, the direction to blacklist was otherwise valid in law.
In such circumstances, the one course open to the Court is to set aside the order dated 18.08.2018 and remand the matter to the Mela Authority to pass a fresh order. However, upon suggestion made by the Court, learned counsel for both sides would agree that no lis may survive, if the order to blacklist was limited for one year that would come to an end on 17.08.2021.
In view of the above, the writ petition is disposed of with direction that the order dated 18.08.2020 blacklisting the petitioner would continue to have effect till 17.08.2021.
With the above direction, the writ petition is disposed of.
In so far as recovery is being pressed against the petitioner, we are not inclined to interfere with the same as there is a pending arbitration proceeding with respect to the same. It is open to the petitioner to pursue that remedy, as available.
Order Date :- 12.8.2021 A.Kr.