Madhya Pradesh High Court
M/S Ramjidas Yadv (Contractor For ... vs The State Of Madhya Pradesh on 8 March, 2019
1
THE HIGH COURT OF MADHYA PRADESH
WP No.4377/2019
(M/s Ramjidas Yadav vs. State of M.P. & Ors.)
Gwalior, Dated : 08.03.2019
Shri Harshad Bahirani, Counsel for the petitioner.
Shri S.N. Seth, Government Advocate for the
respondents/State.
This petition under Article 226/227 of the Constitution of India has been filed against the order dated 2.2.2019 passed by respondent No.2 in Case No.Q/Food/2019/131 seeking the following relief:-
"(1) That, in the fact and circumstances of the case, the impugned order at annexure P/1 may kindly be quash and petitioner may kindly be permitted to carry the work of Transportation under PDS.
(2) That, any other suitable relief which this Hon'ble Court deem fit in the fact of circumstances of the case. The cost of the present petition also may kindly be awarded."
It is submitted by the counsel for the petitioner that by the impugned order dated 2.2.2019, the District Supply Controller, District Gwalior has blacklisted the petitioner without giving any opportunity of hearing.
Considered the submissions made by the counsel for the petitioner.
Order dated 2.2.2019 has been written by the District Supply Controller to the District Manager, Madhya Pradesh Rajya Apurti 2 THE HIGH COURT OF MADHYA PRADESH WP No.4377/2019 (M/s Ramjidas Yadav vs. State of M.P. & Ors.) Nigam, District Gwalior pointing out certain lapses on the part of the petitioner and, therefore, the following request has been made:-
^^vr% vki ifjogudrkZ dks CySd fyLVsM djus gsrq fu;ekuqlkj leqfpr dk;Zokgh djuk lqfuf'pr djsaA ^^ Thus it is clear that the petitioner has not been blacklisted so far. The District Supply Controller has merely requested the District Manager, Madhya Pradesh Rajya Apurti Nigam, District Gwalior to initiate the proceedings for the purposes of blacklisting of the petitioner in accordance with law. Thus, it is clear that before passing the final order, the authorities shall be under obligation to issue notice and to hear the petitioner.
As the petition has been filed against an intra departmental communication, this Court is of the considered opinion that it is a premature petition. Accordingly, it is dismissed.
(G.S. Ahluwalia)
(alok) Judge
ALOK KUMAR
2019.03.09
15:22:08 +05'30'