Court No. - 34 Case :- WRIT - C No. - 16301 of 2010 Petitioner :- Mukeshwar Prasad Respondent :- State Of U.P. Thru. P.S. Food & Civil Supplies & Ors. Petitioner Counsel :- Sandeep Singh,Shri Kant Shukla,Umesh Narain Sharma Respondent Counsel :- C.S.C. Hon'ble Prakash Chandra Verma,J.
Hon’ble Ram Autar Singh,J.
By means of the present writ petition, petitioner has challenged the
order dated 27.2.2006 (Annexure No. 1 to the writ petition)`
passed by the Regional Food Controller, Gorakhpur Region,
Gorakhpur by which the petitioner’s registration for transport has
been cancelled and the petitioner has been black listed.
Petitioner confines the prayer only to the extent of quashing of
black listing order on the ground that it has been passed for
indefinite period which entails civil consequences through out and
for that reason he cannot carry on his business any where else.
A perusal of the impugned order shows that the order for black
listing has been passed for an indefinite period whereas it is settled
law that it cannot be passed for an indefinite period.
Having heard learned counsel for the parties and gone through the
record we find that the order for black listing cannot be passed for
an indefinite period and the same is liable to be set aside.
The writ petition is allowed. The impugned order for blacklisting
of the petitioner’s registration for transport is hereby set aside.
Order Date :- 6.8.2010
Sandeep