THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO. 9559 OF 2010 Dated 26th April, 2010 Between: V.Sivaprasada Rao …Petitioner And The Principal Secretary and two others …Respondents Counsel for the petitioner : Sri S.Appadhara Reddy Counsel for the respondents: Sri O.Manohar Reddy The Court made the following ORDER: This writ petition is filed for a Mandamus to set aside order dated 15.03.2010 passed by respondent No.3. I have heard Sri S.Appadhara Reddy, learned counsel for the petitioner, and learned Standing Counsel representing respondents 2 and 3. The petitioner was entrusted with the execution of work of electrification of Urban Housing Colony under L.S.Agreement No.140/2006-07 dated 27.12.2006. The work was stated to have been successfully completed on 29.03.2008. On the ground that the petitioner failed to supply and erect double feeder A-Type distribution boxes and that instead he provided single feeder distribution boxes and claimed bill for double feeder distribution boxes, respondent No.3 issued the impugned order blacklisting the petitioner for a period of two years. The main contention of the learned counsel for the petitioner is that before issuing the impugned proceedings, no notice was given to the petitioner. Learned Standing Counsel for respondents 2 and 3 fairly conceded that such a notice was not given. As held by the Apex Court in Erusian Equipment & Chemicals Limited vs. State of West Bengal[1] and Raghunath Thakur vs. State of Bihar and others[2] before a contractor is blacklisted, he is entitled to a notice and an opportunity of hearing and that failure to issue such a notice vitiates the order. Having regard to this settled legal position, the impugned order cannot be sustained in law. Accordingly the impugned order is quashed. This order, however, does not preclude respondent No.3 from passing an appropriate order after issuing show cause notice to the petitioner. The writ petition is accordingly allowed. C.V.NAGARJUNA REDDY, J Dated 26th April, 2010 vrn [1] (1975) 1 SCC 70 [2] AIR 1989 SC 620