GOPAL VAT INDUSTRIES Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE facts in nut shell are that the petitioner was declared black listed by the respondents in 1989. The petitioner being aggrieved by the action came to the High Court in C.W.J.C. No. 4441 of 1989. The said writ application was disposed of with the direction that the controversy cannot be examined in the writ proceedings as evidence was so required. However, the petitioner was given liberty either to make representation to the proper authority or if so advised to file civil suit. The petitioner accordingly filed title suit no. 570/90 in the court of Subordinate Judge, 8th Patna, seeking a declaration against the respondents that the order of black listing was perse illegal and deserved to be declared void. The respondents joined the issue. The trial court after recording evidence and hearing the parties vide its judgment and decree dated 6.9.96 decreed the suit and observed that the plaintiff was black listed without any cogent and reasonable ground and reason and on the grounds which were not found correct, the court also observed that the order black listing the petitioner was bad in law. The suit was ultimately decreed. As the petitioners grievance did not come to an end he filed C.W.J.C. No. 1297/99, the matter was finally disposed of on 10.8.99, the petitioner was permitted to make a representation on the basis of the orders obtained by him from the civil court. The petitioner thereafter on 2.9.99 filed a representation before the competent authority which by its letter dated 26.7.2000, as contained in Annexure - 5, refused to decide the representation directing inter alia that as the decree passed by the sub judge was subjudice in appeal no final order shall be passed on the representation made by the petitioner. The petitioner has again come to this Court.

(3.) I have heard the parties.