Vinayak Majoor Sakhari Sanstha Ltd ... vs The State Of Maharashtra Through Its ...
2024 Latest Caselaw 2993 Bom

Bombay High Court

Vinayak Majoor Sakhari Sanstha Ltd ... vs The State Of Maharashtra Through Its ... on 31 January, 2024

Author: Ravindra V. Ghuge

Bench: Ravindra V. Ghuge

2024:BHC-AUG:2385-DB


                                                   *1*                      932wp1223o24


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                           932 WRIT PETITION NO. 1223 OF 2024
                     VINAYAK MAJOOR SAKHARI SANSTHA LTD HALAM
                          THROUGH ITS CHAIRMAN AND OTHERS
                                       VERSUS
                        THE STATE OF MAHARASHTRA THROUGH ITS
                           PRINCIPAL SECRETARY AND OTHERS

                                                ...
                Advocate for the Petitioner : Mr. Jadhavar Shivprasad G.
                AGP for Respondents 1 to 3/State : Mr. P.K. Lakhotiya
                                                ...

                                      CORAM : RAVINDRA V. GHUGE
                                                        &
                                              Y. G. KHOBRAGADE, JJ.

DATE :- 31st January, 2024

Per Court :-

1. The only issue raised in this Writ Petition is that the

Petitioners/contractors have been blacklisted without issuance of

notice, much less an opportunity of hearing. A Coordinate Bench

of this Court (Coram: Nitin W. Sambre & S.G. Chapalgaonkar,

JJ.) passed an order dated 29th March, 2023 in Writ Petition

No.2901/2023, Sanjay Narayanrao Tandale & others Vs. The

State of Maharashtra and others, by placing reliance upon the

judgment of the Hon'ble Supreme Court in M/s Erusian

Equipment and Chemicals Ltd. Vs. State of Maharashtra *2* 932wp1223o24

and another, AIR 1975 SC 266. Subsequently, various

Benches of this Court have passed orders, copies of which are

annexed to the petition.

2. The learned AGP, on the basis of the record, is

unable to point out that show cause notices were issued to the

Petitioners. The impugned order indicates that 129 Contractors

have been blacklisted by a common order dated 10.03.2021

passed by the District Collector, Beed. Names of the respective

Petitioners/ contractors, who have been blacklisted, with their

Serial Nos. in the impugned order dated 10.03.2021, are as

under:-

Petitioner Name of Petitioner Sr. No. in No. impugned order dated 10.03.2021

1. Vinayak Majoor Sakhari Sanstha Ltd, Halam.

2. Sant Savta Mali Majoor Sakhari Sanstha

3. Datt Majoor Sakhari Sanstha, Ltd,

4. Dnyaneshwer Majoor Sakhar Sanstha

5. Bhatumba Majoor Sakhari Sanstha Ltd, Bhatumba

6. Jijamata Majoor Sakhari Sanstha Ltd,

*3* 932wp1223o24

Ltd, Dharur

8. Rushikesh Majoor Sakhari, Sanstha, Sawleshwer internal Page No.2 of impugned order dated, 10-03-2021

9. Shrinath Majoor Sakhari Sanstha

Ltd. Ambajogai

Bhogalwadi.

3. In view of the above, this Writ Petition is allowed.

4. Akin to the reliefs granted to similarly situated

Petitioners, the impugned order 10.03.2021 is quashed and set

aside to the extent of the Petitioners. Needless to state, that the

concerned Authorities are at liberty to proceed against these

Petitioners by following the due procedure laid down in law. All

contentions are kept open.

kps (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)