KARAMAT BROTHERS SOLE PROPRIETORSHIP OF ISHRAT HUS Vs. CANTONMENT BOARD ALLAHABAD THR ITS C E O AND 7 OTH

JUDGEMENT

(1.) Heard Sri W.H. Khan, learned Senior counsel assisted by Sri A.H. Khan for the petitioner, Sri Anurag Khanna, learned Senior counsel assisted by Sri Prabhakar Dwivedi for respondent no. 6 and Sri Om Prakash Singh, learned Senior counsel for respondent nos. 1 to 5.

(2.) The petitioner has challenged the order dated 29.6.2016, by which he has been black listed for the period of three years. It was asserted by the learned Senior counsel that no notice or opportunity of hearing was given. This fact has not been disclosed in any paragraph of the writ petition. It was asserted that the petitioner was called on a particular date, on which date, he appeared but no proceedings were conducted. Subsequently, the impugned order was passed to a back date. It is thus stated to have been proven that no opportunity of hearing was given to the petitioner. This fact has been denied by the respondents.

(3.) In our opinion, such factual dispute cannot be decided in a writ jurisdiction. Even otherwise, from a perusal of the impugned order, we find that the order of the black listing was passed for a period of three years. This three year period has now lapsed.