M/S Rajeev Brothers And Another vs State Of U.P. Thru Secy. And Others
2012 Latest Caselaw 513 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 21
 

 
Case :- WRIT - C No. - 15801 of 2012
 

 
Petitioner :- M/S Rajeev Brothers And Another
 
Respondent :- State Of U.P. Thru Secy. And Others
 
Petitioner Counsel :- Dhruva Narayana,Anadi Krishna Narayana
 
Respondent Counsel :- C.S.C.,Rajesh Tripathi
 

 
Hon'ble R.K. Agrawal,J.

Hon'ble Mushaffey Ahmad,J.

Sri Rajesh Tripathi has obtained instructions on the basis of which it has been stated that as the petitioners did not complete the plinth area theft occurred  and, therefore, he was blacklisted. It is not in dispute that neither any show cause notice was issued nor any opportunity of hearing was afforded to the petitioners before blacklisting them. It is well settled that an order of blacklisting has civil consequences, therefore, opportunity of hearing is a must. As neither a show cause notice has been issued  nor opportunity of hearing has been afforded to  the petitioner,  the impugned order blacklisting the petitioners is set aside. The authorities will be at liberty to pass appropriate order after giving opportunity of hearing to the petitioners.

The writ petition succeeds and is allowed.

Order Date :- 19.4.2012

mt