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High Court of Punjab and HaryanaCWP/26559/2023disposed of

M/S Shiva Rice Mill And Another v. State Of Punjab And Others

2023-11-24Mr. Justice Jagmohan Bansal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 

CWP No.26559 of 2023 Date of Decision:24.11.2023 M/s Shiva Rice Mills and another ....Petitioners vs.

Union of India ....Respondent

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Daman Dhir, Advocate for the petitioners Mr. Inderpreet Singh Kang, AAG, Punjab Mr. Abhishek Arora, Advocate for Mr. Sumit Jain, Advocate for PUNGRAIN *** JAGMOHAN BANSAL, J. (ORAL) 1.

The petitioners through instant petition under Article 226 of the Constitution of India are seeking setting aside of order dated 17.11.2023 (Annexure P-10) whereby petitioners have been blacklisted for three years and there is order to shift paddy lying in the premises of the petitioners. 2.

Learned counsel for the petitioners submits that impugned order was preceded by show cause notice and from the perusal of show cause notice, it is quite evident that there was no proposal of punishment as has been awarded vide the impugned order. It is settled proposition of law that adjudicating authority cannot travel beyond the show cause notice. PARAMJIT KAUR SAINI 2023.11.24 14:12 I attest to the accuracy and authenticity of this order/judgment

CWP No.26559 of 2023 -2- 2023:PHHC:149894 3.

Learned State counsel, who on advance notice is present in Court, submits that the impugned order is an appealable order and if petitioners prefer appeal it would be decided within seven days. 4.

In the wake of statement of learned State counsel, the petition stands disposed of with liberty to the petitioners to prefer appeal before appellate authority.

5.

In view of the peculiar facts and circumstances, it is hereby directed that the impugned order shall not be enforced till the disposal of appeal, if petitioners prefer appeal within four days from today. (JAGMOHAN BANSAL) JUDGE 24.11.2023 paramjit Whether speaking/reasoned: Yes/No Whether reportable: Yes/No PARAMJIT KAUR SAINI 2023.11.24 14:12 I attest to the accuracy and authenticity of this order/judgment