Jyotiling Construction Shivaji Bansidhar Sirsat And Another v. The State Of Maharashtra Through Principal Secretary And Others

2024:BHC-AUG:968-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 12 WRIT PETITION NO. 4829 OF 2023 VAIJAINATH JANARDHAN GITTE ....Petitioner

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS .....Respondents AND 19 WRIT PETITION NO. 7678 OF 2023 ANIKET MAJOOR SAKHARI SANSTHA THROUGH ITS CHAIRMAN KESHAV IRAPPA MALE AND OTHERS ....Petitioner

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS .....Respondents AND 23 WRIT PETITION NO. 14276 OF 2023 JYOTILING CONSTRUCTION SHIVAJI BANSIDHAR SIRSAT AND ANOTHER ....Petitioner

VERSUS

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

Mr. D. S. Bagul h/for Mr. S. G. Jadhavar, Advocate for the Petitioners Mr. S. K. Tambe, Mr. P. K. Lakhotiya, AGP for the Respondents-State

CORAM

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

DATE : 15th January, 2024 ORDER:

1.

The only issue raised in these three petitions 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 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 respective Petitioners/ contractors who have been blacklisted, with Serial Nos. in the impugned order dated 10.03.2021, are as under:

Petitioner Name of the Petitioners Sr. Nos. in impugned No.

in WP order WRIT PETITION NO. 4829 OF 2023 Vaijainath Janardhan Gitte WRIT PETITION NO. 7678 OF 2023 Aniket Majoor Sahakari Sanstha Annabhau Sathe Majoor Sahakari Sanstha

Padmawati Devi Magasvargiya Majoor Sahakari Sanstha Bhagwan Majoor Sahakari Sanstha Jai Mahesh Majoor Sahakari Sanstha Ashok Majoor Sahakari Sanstha Lonardevi Mahila Majoor Sahakari Sanstha Ramrao Majoor Sahakari Sanstha Ajinkya Youdha Majoor Sahakari Sanstha Hanuman Majoor Sahakari Sanstha Dr. Babasaheb Ambedkar Majoor Sahakari Sanstha Vithoba Rukumai Majoor Sahakari Sanstha Vikas Majoor Sahakari Sanstha Geeta Majoor Sahakari Sanstha Tapeshwar Majoor Sahakari Sanstha Ganjraj Majoor Sahakari Sanstha Antyoday Majoor Sahakari Sanstha Uddhavrao Patil Majoor Sahakari Sanstha Tuljabhawani Majoor Sahakari Sanstha Balaji Majoor Sahakari Sanstha, Akole Tq.

Ambajogai Balaji Majoor Sahakari Sanstha, Sadula, Tq.

Kaij Yogeshwari Majoor Sahakari Sanstha Vitthal Majoor Sahakari Sanstha Shankar Majoor Sahakari Sanstha Shivba Majoor Sahakari Sanstha Shriram Majoor Sahakari Sanstha Siddharth Majoor Sahakari Sanstha Suhas Majoor Sahakari Sanstha Mandakini Majoor Sahakari Sanstha Renuka Majoor Sahakari Sanstha Nagsen Majoor Sahakari Sanstha

Jagmitra Naga Majoor Sahakari Sanstha ( As mentioned at internal Page no.2 of impugned rder ( Page No.52 , 1st para, Line 9 of the Writ Petition) WRIT PETITION NO. 14276 OF 2023 Jyotiling Construction Raghuttam Majoor Sahakari Sanstha Maryadit, Telanghana, 3.

In view of the above, all these Petitions are 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. ) JPChavan