Shriram Majoor Sakhari Sanstha Ltd Khanapur Through Its Chairman v. The State Of Maharashtra Through Its Principal Secretary And Others

2024:BHC-AUG:2771-DB ( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 912 WRIT PETITION NO. 1450 OF 2024 SHRIRAM MAJOOR SAKHARI SANSTHA LTD KHANAPUR THROUGH ITS CHAIRMAN

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ...

Advocate for the Petitioner : Mr. Jadhavar Shivprasad G. AGP for Respondents/State : Mr. S.K. Tambe ...

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

DATE :

6th February, 2024 P.C. :- 1.

The only issue raised in this 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 and another, reported in AIR 1975 SC 266. Subsequently, various Benches of this Court have passed orders, compilation of which (8

( 2 ) pages) is placed on record by the learned Advocate for the Petitioners, which are collectively marked as 'X-1' for identification. 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 passed by the District Collector, Beed, dated 10.03.2021. Names of the Petitioners/ contractors who have been blacklisted, with Serial Nos. in the impugned order dated 10.03.2021, are as under:

Petitioner Nos.

Name of the Petitioners Sr.Nos. in impugned order dated 10.03.2021 1.

Shriram Majoor Sakhari Sanstha Ltd, Khanapur. 2.

Meenatai Thakare Majoor Sakhari Sanstha Rajegaon 3.

Sandeshwer Majoor Sakhari Sanstha, Ltd, Sandas Chincholi 4.

Bandhkam Sanstha Ltd. Majoor Sakhar Majalgaon 5.

Godawari Majoor Sanstha Ltd, Majalgaon Sakhari 6.

Siddeshewar Majoor Sakhari Sanstha Ltd, Paitalwadi 7.

Hajipoor Majoor Sakhari Sanstha Ltd, Hajipoor 8.

Navnath Majoor Sakhari, Sanstha, Kada 9.

Ambika Majoor Sakhari Sanstha, Ltd. Ambajogai 10.

Sindhfana Majoor Sanstha, Ltd. Ambajogai Sakhari 11.

Balaji Majoor Sakhari Sanstha, Ltd. Wdmauli Dahiphal 12.

Shramik Majoor Sakhari Sanstha, Ltd.

Waghebabulgaon.

13.

Bajrang Majoor Sakhari Sanstha, Ltd. Sindhi

( 3 ) 3.

In view of the above, this petition is allowed. 4.

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.

[Y.G. KHOBRAGADE, J.] [RAVINDRA V. GHUGE, J.] mub