Allahabad High Court
M/S Preeti Construction Thru. Preeti ... vs State Of U.P. Thru. Prin. Secy., ... on 14 November, 2022
Bench: Devendra Kumar Upadhyaya, Vivek Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 2 Case :- WRIT - C No. - 7942 of 2022 Petitioner :- M/S Preeti Construction Thru. Preeti Gupta (Prop.) Gram Mahamdapur , Sitapur Respondent :- State Of U.P. Thru. Prin. Secy., Co-Operative , Lucknow And Others Counsel for Petitioner :- Romit Seth Counsel for Respondent :- C.S.C.,Shireesh Kumar Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Vivek Kumar Singh,J.
Vakalatnama filed by Sri Shireesh Kumar, Advocate on behalf of respondent nos. 4 & 5 is taken on record.
Heard learned counsel for the petitioner and Sri Shireesh Kumar, learned counsel representing the respondent nos. 4 & 5.
After succeeding in a process of tender, the petitioner was given certain work orders on 30-09-2022 for transportation of the food-grains. However, by means of impugned order 28-10-2022, the said orders have been cancelled without assigning any reason or without affording any opportunity of hearing or representing its case to the petitioner.
When we peruse the impugned order dated 28-10-2022 passed by the Regional Manager, U.P. Cooperative Federation(PCF), Lucknow Division, Lucknow, what we find is that the said order has been passed without assigning any reason and also without giving any opportunity of hearing to the order or even permitting the petitioner to put forth its case. Such order is not sustainable in the eyes of law.
Sri Shireesh Kumar, learned counsel representing the respondent nos. 4 & 5, on the basis of instructions received, submits that the impugned order may be quashed permitting the respondent nos. 4 & 5 to take a fresh decision in the matter.
In view of the aforesaid facts, this petition is accordingly allowed and the order 28-10-2022 as contained in Annexure No. 1 to the writ petition is hereby quashed.
Liberty is however, granted to respondent nos. 4 & 5 to pass a fresh order in the matter after giving show cause notice requiring the petitioner to submit its explanation and also giving opportunity of hearing to its representatives.
We specifically provide that till a fresh decision in terms of the aforesaid order is taken by respondent nos. 4 & 5, the petitioner shall be permitted to operate in terms of the earlier work orders.
Order Date :- 14.11.2022 AKS