IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.10420 of 2009 Between: E. Kumar S/o. Ramulu, R/o. 3-239/6, Venkateshwara Colony, TNGO Phase-II, Hanamkonda, Warangal District. ..... PETITIONER AND 1 Transmission Corporation of A.P. Ltd. Rep. by its Chief Engineer Electrical, TL & SS Zone, Warangal - 506 007. 2 Transmission Corporation of A.P. Ltd. Rep. by its Superintending Engineer TL & SS Zone, Warangal - 506 007. 3 Transmission Corporation of A.P. Ltd. Rep. by its Superintending Engineer TL & SS Zone, Nizamabad - 503 230. .....RESPONDENTS Counsel for the Petitioner: SRI A.K.JAYAPRAKASH RAO Counsel for the Respondents:Sri O.MANOHAR REDDY (SC FOR AP TRANSCO) The Court made the following : ORDER: In this Writ Petition, the petitioner sought for invalidation of letter, dated 29.04.2009 of the Chief Engineer, Electrical, TL&SS Zone, Warangal of respondent No.1 Corporation, whereby he blacklisted the petitioner’s firm from participation in future tenders for a period of two years from 01.05.2009 to 30.04.2011. A counter affidavit is filed by the respondents, wherein, serious allegations were made against the petitioner. A detailed reply affidavit is filed by the petitioner denying all those allegations. However, for disposal of this Writ Petition, it is not necessary to refer to all those allegations. Admittedly, the impugned letter is not preceded by a prior notice to the petitioner. As held by the Supreme Court in M/s.Erusian Equipment and Chemicals Limited v. State of West Bengal[1], no order of blacklisting can be passed without giving the affected person an opportunity of submitting his objections to the proposed action. In view of the same, the impugned letter cannot be sustained in law. The Writ Petition is accordingly, allowed and the impugned letter to the extent of blacklisting the petitioner’s firm is quashed. However, liberty is given to the respondents to initiate fresh action by giving the petitioner an opportunity of filing his objections against the proposed action. _____________________________ C.V.NAGARJUNA REDDY, J 29.06.2009 Bvv/Kvni [1] AIR 1975 SC 266