Chatrapti Shivaji Maharaj Majoor Sakhari Sanstha Ltd Dharur Through Its Chairmn And Others v. The State Of Maharashtra Through Its Principal Secretary And Others
2024:BHC-AUG:4549-DB (1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 951 WRIT PETITION NO. 2260 OF 2024 CHATRAPTI SHIVAJI MAHARAJ MAJOOR SAKHARI SANSTHA LTD., DHARUR, THROUGH ITS CHAIRMAN AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA, THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ....
Mr S. G. Jadhavar, Advocate h/f Mr M. D. Gitte, Advocate for Petitioners;
Mr S. B. Narwade, A.G.P. for Respondents/State CORAM : RAVINDRA V. GHUGE AND R. M. JOSHI, JJ.
DATE : 28th February, 2024 PER COURT:
1.
The only issue raised in this Writ Petition by the three Petitioners/Contractors is that, they 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 the order dated 29th March, 2023 in Writ Petition No.2901/2022 (Sanjay Narayanrao Tandale & another 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 W. B. and another, reported in AIR 1975 SC 266. Subsequently, various
(2) Benches of this Court have passed orders, compilation of which (8 pages) is placed on record by the learned Advocate for the Petitioners.
2.
The learned A.G.P., on the basis of the record, is unable to point out that show cause notices were issued to these 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 present Petitioners/Contractors, who have been blacklisted, with Serial numbers in the impugned order dated 10.03.2021, are as under: Sr.
No.
Name of the Petitioners Sr. No. in the impugned order dated 10/03/2021 1.
Chhatrapati Shivaji Maharaj Majoor Sahkari Sanstha, Dharur 2.
Saudagar Majoor Sahkari Sanstha, Parali(v) 3.
Ramakant Dayaram Chate 3.
In view of the above, this Writ Petition is allowed. The impugned order 10/03/2021 is quashed and set aside to the extent of the present three Petitioners. Needless to state that, the concerned Authorities are at liberty to proceed against these
(3) Petitioners by following the due procedure laid down in law. All contentions are kept open.
(R. M. JOSHI, J.) (RAVINDRA V. GHUGE, J.) sjk Signed by: Sachin J Kulkarni Designation: PA To Honourable Judge Date: 04/03/2024 19:50:08