AMIT KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Kshitij Shailendra, learned counsel for the petitioner and learned Standing Counsel for the State respondents.

(2.) The present petition has been filed primarily seeking to raise a challenge to the order dated 21.07.2020 (annexure 1 to the writ petition) passed by the Divisional Food Controller, Kanpur Division, Kanpur (respondent no. 2) whereby the contracts awarded by the Department of Food and Civil Supplies, Uttar Pradesh, in favour of the petitioner, in respect of certain centres in District Farrukhabad, for the years 2020-21 and 2021-22 have been cancelled, and further the petitioner has been blacklisted by the department.

(3.) The principal ground sought to be canvassed in order to challenge the order dated 17.07.2020 is that the same has been passed in violation of the principles of natural justice and without affording a reasonable opportunity to the petitioner. It has been contended that the eligibility criteria prescribed under the government order dated 20.04.2018 is merely in the nature of a guideline and the contract granted to the petitioner could not be cancelled on the basis of the conditions prescribed therein. It is also sought to be argued that the order impugned has the effect of permanently blacklisting the petitioner which is not permissible under law. In this regard, reliance has been placed upon a judgment of this Court in M/s. Vindhyawasini T. Transport Vs. State of U.P. and others, 2018 4 ADJ 40 (DB).