M/S Agriona Industries Pvt. Ltd. ... vs State Of U.P. Thru. Its Prin. Secy. ...
2023 Latest Caselaw 8961 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 3
 
Case :- WRIT - C No. - 2197 of 2023
 
Petitioner :- M/S Agriona Industries Pvt. Ltd. Punjab Thru. Its Authorized Signatory Mr. Rajiv Kumar
 
Respondent :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Agriculture U.P. Civil Secrt. Lko. And Others
 
Counsel for Petitioner :- Shivanshu Goswami,Purnendu Chakravarty,Rishabh Chauhan
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajan Roy,J.

Hon'ble Manish Kumar,J.

Heard learned counsel for the petitioner and learned Standing Counsel for the State respondent and gone through the record.

Learned counsel for the petitioner has relied upon the judgment/order of this Court dated 21.03.2023 passed in Writ C No. 2098 of 2023 and has submitted that the present case is squarely covered by the same.

Learned Standing Counsel has agreed to the proposition as laid down by this Court in the judgment/order dated 21.03.2023 passed in Writ C No. 2098 of 2023.

The judgment/order dated 21.03.2023 passed in Writ C No. 2098 of 2023 is quoted hereinbelow:-

"After hearing learned counsel for the parties at length and perusing the record, the parties' counsel agreed that the alleged order of blacklisting in fact, is not an order of blacklisting but one which restrains the petitioner from working till the irregularities alleged are got inquired and a final decision in this regard would be taken only after the enquiry is completed. In this process, the petitioner would have an opportunity to submit his response.

In view of above, we provide that the concerned opposite parties shall issue a show cause notice to the petitioner within ten days mentioning the alleged irregularities or deficiencies committed by him. In response to it, the petitioner shall submit his reply within two weeks and thereafter the competent/concerned opposite parties shall pass appropriate orders in this regard within the next three weeks.

The impugned order shall not be treated as order of blacklisting but as an order restraining the petitioner from performing the work till a final decision is taken, as aforesaid.

If the decision is not taken within the aforesaid period, it shall be open for the petitioner to approach the Court again, challenging the said orders and seeking appropriate reliefs.

Subject to above, the present writ petition is disposed of."

The present writ petition is disposed of, in terms of the judgment/order referred above.

Order Date :- 27.3.2023

Nitesh