Star Majoor Sakhari Sanstha Ltd Through Its Chairman Anil Tatyasaheb Natkar v. The State Of Maharashtra Through Its Principal Secretary And Others

2025:BHC-AUG:2692-DB 940 WP NO. 1374 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1374 OF 2025 STAR MAJOOR SAKHARI SANSTHA LTD THROUGH ITS CHAIRMAN ANIL TATYASAHEB NATKAR

VERSUS

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

2. THE DISTRICT COLLECTOR, BEED

3. THE EXECUTIVE ENGINEER, PUBLIC WORKS DIVISION ...

Advocate for the Petitioner : Mr. Shivprasad G. Jadhavar AGP for Respondents/State : Mr. M. K. Goyanka ...

CORAM

:

MANGESH S. PATIL & PRAFULLA S. KHUBALKAR , JJ.

DATE : 29.01.2025 PER COURT :

.

The petitioner, which is a labour co-operative society, is challenging the order dated 10.03.2021, of respondent No.2, thereby blacklisting it, allegedly without issuing any notice and without following due process of law and the principles of natural justice. 2.

We have heard both the sides. In the light of the decision in the matter of M/s. Erusian Equipment and Chemical Ltd. V/s. State of West Bengal and Others; AIR 1975 SC 266, the impugned order cannot sustain, being in violation of the principles of natural justice.

1/2

940 WP NO. 1374 OF 2025.odt 3.

Incidentally, few orders have also been annexed with the petition in similar set of facts wherein this Court had quashed and set aside the orders of blacklisting the entities by the authorities concerned, with a liberty to undertake fresh process if they so chose, by following due process of law including extending an opportunity of being heard to the concerned persons who are likely to be affected. 4.

The Writ Petition is partly allowed.

5.

The impugned order dated 10.03.2021 blacklisting petitioner, is quashed and set aside.

6.

It shall be open for the respondents to undertake fresh process, if they so chose but shall not pass the order without following due process of law and without extending opportunity to the petitioner to respond.

( PRAFULLA S. KHUBALKAR, J.) (MANGESH S. PATIL, J.) jhs/ 2/2