HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.26872 of 2014 Date : 11-12-2014 Between :
M/s. Tirumala Traders, Represented by its Proprietor Mr. P.D. Thirupathaiah, Anantapur ..
Petitioner And The State of Andhra Pradesh, Represented by its Principal Secretary, Animal Husbandry Department, Secretariat, Hyderabad and others .. Respondents Counsel for petitioner : Sri K. Narsi Reddy Counsel for respondents : Assistant Government Pleader for Animal Husbandry The Court made the following:
ORDER:
This Writ Petition is filed for a mandamus to set-aside order dated 5-3-2013 in letter Roc.No.4208/D/D3/2012 of respondent No.2 whereby he has blacklisted the petitioner and forfeited all his pending payments and deposits.
The main ground on which the impugned order is assailed is that no notice was issued to the petitioner, much less an enquiry was held before the same was passed. Neither the impugned order nor the averments in the counter-affidavit show that any show cause notice was issued to the petitioner before passing the order of blacklisting and forfeiting of his deposits and pending payments.
In Erusian Equipment & Chemicals Limited v. State
[1]
of West Bengal , the Supreme Court held that an order of blacklisting visits the person against whom such an order is proposed to be passed with serious adverse consequences, that such an order passed without giving prior notice and an opportunity of hearing is in violation of the principles of natural justice and that such an action cannot be sustained in law. As no prior notice was issued, by respondent No.2, the impugned order cannot be sustained and the same is accordingly set-aside. Liberty is however given to respondent No.2 to issue a notice to the petitioner, hold an enquiry wherein he shall furnish to the petitioner the reports on which respondent No.2 proposes to rely, and pass a final order. He shall complete this exercise within a period of two months from the date of receipt of this order.
The Writ Petition is accordingly allowed to the extent indicated above.
As a sequel to the disposal of the Writ Petition, WPMP No.33581 of 2014 filed for interim relief is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 11-12-2014 AM
[1] AIR 1975 SC 266