Bombay High Court

ASRADEVI MAJOOR SHAKARI SANSTHA LTD ASARDEV THROUGH ITS CHAIRMANversusTHE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS

Disposal: DISPOSED OFF
Bench: KISHORE C SANT

Holding

The review application is dismissed as there is no apparent error and the cited precedents are not applicable.

Summary

The Asradevi Majoor Shakari Sanstha, a labour co‑operative society, was black‑listed by the Collector of Beed for alleged irregularities in government contracts. The society challenged the black‑listing in Writ Petition No. 1431 of 2024, but the High Court dismissed the petition. The society filed a review application arguing that a black‑listing cannot be for an indefinite period and must specify a duration, relying on the Supreme Court’s decision in M/s Chauhan Builders and a Nagpur Bench judgment in Teenu Anjanrao Warjurkar. The Court held that those precedents were inapplicable, found no error apparent on the face of the record, and concluded that the review had no substantive ground. Consequently, the review application was dismissed without costs.

Issues considered

Whether a black‑listing order can be for an indefinite or lifetime period without specifying a duration
Whether the review application is maintainable on the ground of error apparent on the face of the record
Whether the precedents cited (Chauhan Builders and Warjurkar) are applicable to the present case

Subjects

black‑listing
review of judgment
writ petition
administrative law
Article 142
indefinite ban
error apparent on record

Judgment

Ethape                                (1)                 Review Appln.174.25


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                   REVIEW APPLICATION NO. 174 OF 2025
                                   IN
                     WRIT PETITION NO. 1431 OF 2024

Asradevi Majoor Shakari Sanstha Asaerdev
Through Its Chairman,
Vasant Nagorao Deshmukh                                 …Applicant
                                                  (Orig. Petitioner)
              VERSUS

The State of Maharashtra and Ors.                 ...Respondents.
                                  ...
Mr. Shivprasad G. Jadhavar, Advocate for the Petitioner.
Ms. Rashmi P. Gaur, AGP for Respondent No.1 to 3- State.

                                   CORAM : KISHORE C. SANT, J.

                                   DATE      : 23rd JANUARY 2026.

PC :-

1.       Heard Mr. Jadhavar, the learned Advocate for the applicant and

Ms. Gaur, the learned AGP for Respondent-State.


2.       By way of this review application, the applicant original petitioner

seeks review of the order dated 25.09.2024 passed by this Court in Writ

Petition No.1431 of 2024, alongwith other connected writ petitions. This

Court by way of said order, had dismissed the writ petition.
Ethape                                 (2)                  Review Appln.174.25


3.       A challenge in the writ petition was to an order passed by the

learned Collector, Beed, black-listing the petitioners. The petitioners

happen to be the Labour Co-operative Society, who undertakes the work

under various schemes by taking contracts from the Government.

Certain irregularities and illegalities were noted by the authorities in the

work undertaken by the petitioner-society on contract basis. An inquiry

was held. On inquiry, it was found that the petitioner-society has

committed various irregularities and illegalities. The learned Collector,

who is also acting as President of Jalyukta Shivar Yojna Committee, on

holding inquiry, passed the order black-listing the applicant-society. The

said order was challenged in the writ petition.


4.       This Court after hearing the parties dismissed all the writ petitions.

Now the review is sough only on the ground that the black listing cannot

be for a life time and has to be only for specific period to be stated in the

notice.


5.       The learned Advocate in support of his argument relied upon the

judgment passed by the Hon’ble Apex Court in SLP (C) No.32840/2018
Ethape                             (3)                 Review Appln.174.25


in the case of M/s. Chauhan Builders Raibareli Vs. State of Uttar Pradesh

and Ors. and the order passed by the Division Bench of this Court at

Nagpur Bench in CAO/1710/2016 in WP/2823/2015 in the case of

Teenu Anjanrao Warjurkar Vs. State of Maharashtra and Ors.              The

learned Advocate thus submits that the black-listing cannot be for a

indefinite period. The Hon’ble Apex Court in the case of M/s. Chauhan

Builders Raibareli (supra) held that the person cannot be black-listed for

lifetime. In that case, the period of black-listing was not specified. The

Hon’ble Apex Court held that such order cannot be sustained. The writ

petition was dismissed in 2018. However, the Court entertained the writ

petition by exercising powers under Article 142 of the Constitution of

India and modified the order black-listing the petitioner therein for a

period of five years from the date of order that was passed.


6.       This Court finds that the said order was passed by the Hon’ble

Apex Court by exercising the powers under Article 142 of Constitution of

India. So far as the judgment in the case of Teenu Anjanrao Warjurkar

(supra), the review was entertained as some policy was not placed
Ethape                            (4)                  Review Appln.174.25


before the Court when the petition was decided. This Court finds that

both the judgments are not applicable in the present case. No ground is

made out showing that the error apparent on the face of record is

committed. This Court thus finds that there is no substance in the review

application. The review application deserves to be dismissed. No order

as to costs.



                                            [KISHORE C. SANT, J.]

Continue reading with your account

Checking your session…