WPMS/2070/2021
2021 Latest Caselaw 4005 UK

             Office Notes, reports,
             orders or proceedings
SL.
      Date     or directions and                   COURT'S OR JUDGES'S ORDERS
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             Registrar's order with
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                                      WPMS No.2070 of 2021
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Anil Kumar Joshi, Advocate for the petitioner.

Mr. D.S. Patni, Senior Advocate assisted by Mr. Parikshit Saini, Advocate for the respondents.

The petitioner to the present writ petition has filed the present writ petition for the following reliefs:-

"i. Issue a writ of certiorari quashing the impugned order dated 21.09.2021 passed by respondent no.2 (contained as Annexure No.1 to this writ petition). ii. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents not take any action on the basis of impugned order dated 21.09.2021 passed by respondent no.2.

iii. Issue any other or further writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.

iv. Award the cost of the petition in favour of the petitioner."

Initially, when the writ petition was taken up, the only issue, which was pressed by the petitioner was, that prior to passing of the impugned order of 21.09.2021 blacklisting the petitioner, the petitioner was not provided an opportunity of hearing and in relation thereto he has placed reliance on a judgment of Hon'ble Apex Court, as referred in the order of 30.09.2021.

The respondents counsels, were directed to complete their instructions and an make their statements/submission on that aspect.

Today, when the matter was taken up, the learned Senior Counsel Mr. D.S. Patni, assisted by Mr. Parikshit Saini, Advocate; makes a statement at the bar, that the said fact that the impugned order of 21.09.2021, blacklisting of the petitioner was passed without an opportunity of hearing is not denied by them.

Hence, he makes a statement that this order would be withdrawn by them, but however, the Court may reserve their rights to pass a fresh order after providing an opportunity of hearing.

The said prayer made by the learned Senior Advocate is accepted.

The impugned order dated 21.09.2021, is hereby quashed on a simple ground, that since it was passed without an opportunity of hearing being given to the petitioner, but quashing of this order will not refrain the respondents to pass a fresh order but only after providing an opportunity of hearing to the petitioner.

Subject to the above, the writ petition stands disposed of.

Let certified copy of this order be supplied to the counsel for the parties today itself on payment of usual charges.

(Sharad Kumar Sharma, J.) 04.10.2021 Arti