HONOURABLE SRI JUSTICE R.SUBHASH REDDY W.P.No.14684 of 2004 Between: Press Tammayya Naidu ……….Petitioner and The Commissioner, Municipal Corporation of Rajahmundry and another. ………..Respondents HONOURABLE SRI JUSTICE R.SUBHASH REDDY W.P.No.14684 of 2004 ORDER: The main grievance of the petitioner, who is a Class-I Municipal Contractor, is that the 1st respondent without issuing show cause notice and without offering any opportunity to the petitioner to put forth his version, passed the impugned order dated 10-08-2004 keeping him under blacklist by removing his name from the list of contractors on the ground that he has mis-behaved with the Assistant Engineer and Work Inspector while executing the work of repairs to C.C. road in 37th Ward. Hence, the petitioner has filed this writ petition questioning the validity of the impugned order. Heard the learned counsel for the petitioner and the learned standing counsel for the Municipal Corporation, appearing for the respondents. Even though, on 13-09-2004, this Court, while admitting the writ petition, issued notice to the respondents, no counter affidavit is filed by the respondents denying the allegations of the petitioner that he was not given any opportunity before the impugned order was passed. On 28-12-2004, this Court suspended impugned order, and the same has been in force. The law is well settled that the order of blacklisting cannot be passed without giving opportunity to the contractor. Even from the perusal of the impugned proceedings also, there is no indication of issuance of prior notice or opportunity to the petitioner before passing order of blacklisting. Further, in spite of specific allegations of the petitioner, no counter affidavit controverting the same is filed. Therefore, on this only, the impugned order is liable to be quashed. Hence, the writ petition is allowed and the order dated 10-08-2004, passed by the respondent No.1, is set aside. However, this order will not preclude the respondents from issuing notice to the petitioner and pass appropriate orders in case he is to be blacklisted from executing the contract works of the municipal corporation. No costs. ______________________ 3rd August 2009 KVR