Madhya Pradesh High Court
The State Of Madhya Pradesh vs M/S Anims International Thr. ... on 26 July, 2019
RP. No.730/2019
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The High Court of Madhya Pradesh
RP. No.730/2019
(THE STATE OF MADHYA PRADESH Vs M/S ANIMS INTERNATIONAL THR.
PROOPRIETOR SHIR M.C. JAIN)
Jabalpur, Dated: 26/07/2019
Shri Praveen Dubey, learned Deputy A.G. for the
petitioner/State.
Heard on admission.
Shri Dubey, learned Deputy A.G. prayed for limited
review. It is urged that although this Court has set aside the
order of blacklisting dated 28-09-2018 for violation of
principles of natural justice, liberty is not given to proceed
further against the original petitioner/present respondent. In
the course of hearing, Shri Dubey placed reliance on (1978) 3 SCC 113 (Superintendent Central Excise I.D.D. Jabalpur & Others vs. Pratap Rai) and (2017) 13 SCC 51 (Vipulbhai Mansingbhai Chaudhary vs. State of Gujarat & Another).
No other point is pressed by Shri Dubey. I have heard him at length.
In Vipulbhai Mansingbhai (supra), it was held as under:-
"It is already held by this Court that where an order passed in exercise of a power conferred by a statute is set aside on the ground that such an order was passed in breach of the principles of natural justice, the power could once again be exercised by complying with the principles of natural justice."
In the light of principles laid down by Supreme Court, there is no need to pass any express order granting permission to review petitioner to proceed against the respondent.
With aforesaid observations, this RP is disposed of.
(Sujoy Paul) Judge mohsin Digitally signed by MOHAMMED MOHSIN QURESHI Date: 2019.07.27 02:18:53 -07'00'