Bhaktiraj Farmer Producer Company Ltd., Malkapur, Thr. Director, Jayashree P. Kshirsagar v. The State Of Maha., Thr. Secretory, Marketing And Textile Dept., Mumbai And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.3092 OF 2025 BHAKTIRAJ FARMER PRODUCER COMPANY LTD., MALKAPUR, THR. DIRECTOR, JAYASHREE P. KSHIRSAGAR VS THE STATE OF MAHA., THR. SECRETORY, MARKETING AND TEXTILE DEPT., MUMBAI AND ORS.

______________________________________________________________________________ Office Notes, Office Memoranda of Coram, Appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr. P.S. Kshirsagar, Advocate for the petitioner/s Mr. S.M. Ukey, Addl.GP for the respondent No.1/State Mr. N.R. Saboo, Advocate for the respondent No.2 Mr. K. P. Mahalle, Advocate for the respondent No.3 Mr. A.M. Tirukh, Advocate for the respondent No.4 -------------------------------

CORAM

: ANIL S. KILOR AND R AJNISH R. VYAS , JJ.

DATE :

16.10.2025 P.C.

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Heard.

2.

This petition challenges the blacklisting of the petitioner on a short ground, namely, that no prior notice was served upon the petitioner company before passing the impugned order of blacklisting.

3.

The learned Addl. GP, while opposing this argument, draws attention to the show cause notice dated 17.04.2025. However, the same cannot be treated as a valid show cause notice, as the action of blacklisting the petitioner had already been taken on 15.04.2025, i.e., two days prior to its issuance.

nd.thawre

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Thus, in view of the fact that no prior notice was issued to the petitioner, nor any opportunity was given to submit a reply to a show cause notice as to why the petitioner should not be blacklisted, the impugned action is in clear violation of the principles of natural justice and, therefore, deserves to be quashed and set aside. 5.

Accordingly, the petition is allowed and thereby, the order dated 15.04.2025, issued by the Additional Secretary of Co-operation Marketing Department Mantralaya, Mumbai whereby black-listed the petitioner company for purchasing the food grains and millets under the Minimum Support Price Scheme, is hereby quashed and set aside. 6.

The respondent No.1 shall be at liberty to issue a show cause notice and reconsider the issue of blacklisting the petitioner, if so desires.

(RAJNISH R. VYAS, J.) (ANIL S. KILOR, J.) nd.thawre