IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF MARCH TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 8460 of 1996 Between: K. Kondal Rao S/o. K. Narayana Rao R/o. Kukatpally (V), R.R.District. ..... PETITIONER AND 1 State of A.P. through its Secretary Housing (HB) Department of Secretariat, Hyderabad. 2 The Chief Engineer, A.P. Housing Board, Hyderabad. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ of Writs, order or direction, declaring and setting aside the proceedings. dated 26-2-1996 issued in proceedings. No. 2879/N5/CE/93/225 on the file of the 2nd respondent, as illegal, arbitrary and without jurisdiction; award costs. Counsel for the Petitioner: MR.K.RAGHUVEER REDDY Counsel for the Respondent Nos.1 & 2: MR. J. PRABHAKAR The Court made the following: ORDER: The petitioner filed this writ petition seeking to declare the impugned notice issued by the second respondent in Proc. No.2879/N5/CE/93/225, dated 26-02-1996 calling upon him to show cause why he should not be blacklisted, as illegal, arbitrary and without jurisdiction, and to set aside the same. The petitioner claims to be a contractor. He states that he executed the contract work relating to formation of internal roads in Phase-VI of Kukatpally MIG Plotted Development Scheme during the year 1986. He states that in order to blacklist him, the impugned show-cause notice was issued based on a report given by Anti Corruption Bureau and also on the instructions issued by the Government. The impugned notice, it is stated, shows as if it is a final order and the authorities have already decided to blacklist him. His contention is that the Government did not provide him an opportunity of being heard, before taking a decision to blacklist him, and the second respondent did not supply him the report of the Anti Corruption Bureau and other necessary material while issuing the impugned notice, and therefore, the impugned notice is issued in violation of the principles of natural justice. Therefore, seeking to set aside the impugned notice, the petitioner filed the present writ petition. Heard the learned counsel for the petitioner and the learned counsel for the second respondent, and perused the impugned show-cause notice. A reading of the impugned notice, dated 26-02-1996 shows that the second respondent received certain instructions from the Government for blacklisting the petitioner with respect to the work executed by him relating to formation of internal roads at Kukatpally Phase-VI MIG Plotted Development Scheme, and based on the said instructions the second respondent-Housing Board decided to black list the petitioner, and thus issued the impugned notice calling for his explanation as to why he should not be blacklisted. Inasmuch as the authorities cannot decide before hand to blacklist the petitioner without supplying him the necessary material and without obtaining an explanation from him, I deem it appropriate to dispose of the writ petition in the following terms: The petitioner is directed to approach the second respondent-Housing Board within a period of four weeks from today, for any material required by him, if he so intends, for the purpose of submitting explanation to the impugned show-cause notice. The second respondent-Housing Board shall furnish the material required by the petitioner within a period of ten days from the date of the request made by the petitioner. On receiving such material, the petitioner shall submit explanation to the impugned show-cause notice, dated 26-02-1996, issued by the second respondent, within a period of ten days thereafter. On receipt of such explanation, the second respondent-Housing Board is directed to pass appropriate orders thereon in accordance with law. No costs. ________________ N.V. RAMANA, J Date: 22-3-2005 Svv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Secretary to Government of A.P., Housing (HB) Department, Secretariat, Hyderabad. 2 The Chief Engineer, A.P. Housing Board, Hyderabad. 3 Two C.D. copies. Form-NIC-OGS/WP{KCS}