Smb Systems Pvt. Ltd. Through Its ... vs State Of Maharashtra,Through ...
2021 Latest Caselaw 7111 Bom

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   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            NAGPUR BENCH AT NAGPUR

                  WRIT PETITION NO. 948 OF 2021


 SMB Systems Private Limited
 having its office at Vishwa Kutir,
 Shankar Ghanekar Marg, Dadar,
 Mumbai - 400 028,
 through its Authorised Person,
 Shri.Bhushan Niranjan Deulkar                       -- Petitioner


                  ...V E R S U S...


 1. State of Maharashtra,
    Through Secretary, Department
    of Rural Development,
    Mantralaya Madam Cama Road, Mumbai - 32

 2. Zilla Parishad, Bhandara
    Through Chief Executive Officer,
    National Highway No.6, Police Campus,
    Bhandara, Maharashtra - 441904

 3. Collector, Bhandara, Rajnandgaon-Raipur
    Highway, MSEB Colony, Bhandara,
    Maharashtra 441904                      -- Respondents


 Mr. A. A. Naik, Advocate for Petitioner.
 Mr. N. R. Patil, AGP for Respondents.



 KOLHE
 (P.A.)




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                  CORAM : SUNIL B. SHUKRE AND
                          AVINASH G. GHAROTE, JJ.

DATE : 04th MAY, 2021

ORAL JUDGMENT : (Per : SUNIL B. SHUKRE J.)

Hearing is conducted through Video Conferencing

and all the learned Advocates agreed that the audio and visual

quality was proper.

2. Rule. Rule made returnable forthwith.

Heard finally by consent of the learned counsel appearing for

the parties.

3. It is an admitted fact that no show-cause

notice was issued to the Petitioner, nor any hearing was

granted to the Petitioner before the impugned order of

blacklisting the Petitioner was passed. Such hearing is

necessary, as held by the Hon'ble Supreme Court in the case of

Gorkha Security Services vs. Govt. of NCT of Delhi (2014) 9

SCC 105.

 KOLHE
 (P.A.)





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4. The Petition is therefore, allowed.

5. The impugned order is quashed and set

aside.

6. The matter is remanded back to the

Respondent for taking fresh decision in accordance with law,

within a period of eight weeks from the date of appearance of

the Petitioner before the District Selection Committee,

Bhandara. The Petitioner shall appear before the said

Committee on 17th May, 2021.

7. Rule accordingly. No costs.

[ AVINASH G. GHAROTE, J. ] [ SUNIL B. SHUKRE J. ]

KOLHE (P.A.)