ROSHAN LAL VOHRA Vs. MCD

JUDGEMENT

(1.) THE controversy involved in the Letters Patent Appeal and the writ petition preferred under Article 226 of the Constitution of India being relatable to the same parties and regard being had to the inescapable impact they will have on each other, the matters were heard analogously and are disposed of by a singular order.

(2.) BE it noted, when WP(C) No.7860/2010 was listed before the learned Single Judge on 25.11.2010 keeping in view the assail made in the earlier order, which had relevance, in LPA 778/2010, the learned Single Judge thought it appropriate to refer the matter to the Division Bench to be linked with the Letters Patent Appeal.

(3.) AFTER the aforesaid order came to be passed, the appellant preferred WP(C) No.5785/2010 for issue of a writ of mandamus to have the access to e-tenders as he has been deprived of the said benefit. On that juncture, the learned Single Judge while dealing with the writ petition came to hold that as no notice to show cause was given after the order of blacklisting was axed, a contention was advanced by the MCD that pending action it has the jurisdiction/authority to suspend awaiting decision on the show cause notice. The learned Single Judge took note of the fact that no show cause notice had been issued and no order of suspension had been passed. It is worth noting, a contention was advanced by the appellant that neither the show cause notice could be issued nor can an order of suspension be passed as such a power did not rest with the authority. Under these circumstances, the learned Single Judge disposed of the writ petition with the following directions: