In WP 5793 of 2021, the High Court rejected the immediate agenda of the petition challenging a show cause notice for blacklisting.
Petition dismissed; directions given to Respondent No.14 to pass a reasoned order within 31.08.2023.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
910-WP-5793-2021.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO.5793 OF 2021
JAIN IRRIGATION SYSTEMS LTD THROUGH ITS AUTHORISED
SIGNATORY
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
Mr. Shailendra S. Kulkarni, Advocate for Petitioner
Mr. V. M. Kagne, AGP for Respondent Nos. 1 to 12
Mr. M. R. Jadhav, Advocate for Respondent No.14
CORAM: RAVINDRA V. GHUGE AND
Y. G. KHOBRAGADE, JJ.
DATE:04.07.2023
PER COURT :-
1.Several disputed issues have been raised before us
vide this petition, which seeks to challenge a show cause notice
dated 13.03.2020 issued by Respondent No.14, General Manager
(Solar), Maharashtra Energy Development Agency, Government of
Maharashtra, calling upon the Petitioner as to why it should not
be placed in the black list on account of having violated certain
terms and conditions of the contract.
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910-WP-5793-2021
(( 2 ))
2.It is stated that the Petitioner has already tendered a
reply. Without waiting for a decision, the writ petition is filed on
29.06.2020.
3.In view of the above, we are not entertaining this
petition. The same isdisposed off with the following directions:-
(a) If the Petitioner has not tendered a reply to the show cause notice dated 13.03.2020, let a reply be filed on or before 21.07.2023. Thereafter, the respondent No.14 authority would be at liberty to follow the due procedure laid down in law and pass a reasoned order, on or before 31.08.2023.(b) In the event the Petitioner has tendered a reply to the show cause notice, respondent No.14 shall follow the due procedure laid down in law and pass a reasoned order on or before 31.08.2023.[ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ]
SMS
2 of 2
2 issues framed by the court
Whether the High Court should entertain a writ petition challenging a show cause notice when the petitioner has already tendered a reply but no decision has been passed.
What procedural directions are necessary regarding the respondent authority's obligation to follow due process and pass a reasoned order.
JAIN IRRIGATION SYSTEMS LTD
THE STATE OF MAHARASHTRA
RAVINDRA V. GHUGE
Y. G. KHOBRAGADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court