M/S K.K. Chanani And Associates (Chartered Accountants) v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11054 of 2022 ====================================================== M/s K.K. Chanani and Associates (Chartered Accountants) a partnership firm, having its registered office at 5/1 Clive Row, 3rd Floor, Room No. 78, Kolkata - 700001, West Bengal and its branch office at Janki Raj Market, 1st Floor, Room No. - 1 Bailey Road, Patna- 800014. Through its authorized signatory Priya Ranjan, Resident of Savita Sadan, I.O.C. Road, Near Shubham Community Hall, Pragati Nagar, Sipara, Shekhpura District Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Urban Development and Housing Department, Govt. of Bihar, Vikas Bhawan Patna.

2.

The Principal Secretary Department of Urban Development and Housing Department, Govt. of Bihar, Vikas Bhawan Patna. 3.

Additional Secretary Department of Urban Development and Housing Department, Govt. of Bihar, Vikas Bhawan Patna. 4.

Additional Director cum Nodal Officer, State Level Project Monitoring Unit, Govt. of Bihar, Patna.

5.

M/S PSP Financial Consultants Pvt. Ltd.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ratnakar Pandey For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 04-08-2022 The petitioner has sought a writ in nature of certiorari for quashing the order dated 25th June, 2022 whereby his chartered accountant firm has been blacklisted for a period of three years by the State Government.

Learned counsel for the petitioner submits that a show cause notice was served on him on 1st June, 2022 to which he

Patna High Court CWJC No.11054 of 2022(2) dt.04-08-2022 2/2 was supposed to submit a reply within a week. Pursuant thereto, the petitioner submitted a reply to the show cause through email on 15th June, 2022. Stand of the petitioner is that neither his response was considered nor any reasoned order was passed before blacklisting the chartered accountant firm; at least an opportunity of hearing should have been afforded to the petitioner.

Keeping in view the facts and circumstances of the case, we deem it fit to quash the order dated 25.06.2022 with liberty to the State to issue a fresh show cause notice to the petitioner and pass a reasoned order after seeking his response. We are conscious of the fact that we have passed the order without notice to the State but as the case has only been remanded and fresh opportunity has been provided. Under the circumstances, the writ petition is disposed of.

(Rajan Gupta, J) ( Dr. Anshuman, J) Anjani/- U