Court No. - 40
Case :- WRIT - C No. - 29131 of 2021 Petitioner :- M/S Surya Construction Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Brijesh Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vikram D. Chauhan,J.
According to petitioner the District Magistrate on 25.04.2020 has directed the fifth respondent to blacklist the petitioner firm. It is alleged that this direction has been issued without any notice and opportunity and later on relevant details were called for from the concerned authorities. It is submitted that a report has also been submitted in favour of the petitioner by the Block Development Officer on 13.01.2021 but a final decision has not been taken in the matter.
Law is settled that unless reasonable opportunity is granted to a firm the authorities would not be justified in passing an order of blacklisting. (See:- Eurasian Equipment and Chemicals Ltd. Vs. State of West. Bengal (1975) 2 SCR 674).
In the facts of the case the concerned authority appears to have submitted a recommendation as per which there are no allegations against the petitioner. We, therefore, permit the petitioner to approach the concerned District Magistrate, who shall take into consideration the report submitted in favour of the petitioner on 13.01.2021 and would pass necessary orders in light of the observations made above within a period of six weeks by the third respondent.
Writ petition is, accordingly, disposed off.
Order Date :- 20.12.2021 Abhishek Singh