Bombay High Court

MOTHERHOOD FOODS REP BY ITS PARTNER SWAPNA ARUNversusTHE STATE OF GOA THR THE CHIEF SECRETARY AND ANR

Disposal: Disposed of

Holding

The blacklisting order is quashed as it violated natural justice, while the contract termination remains subject to a separate civil suit.

Summary

Motherhood Foods, a partnership firm, challenged a communication dated 30 June 2026 that blacklisted it from all tender processes in Goa and terminated its contract with the Directorate of Fisheries. The petition argued that the blacklisting was done without any prior notice or opportunity of hearing, violating the principles of natural justice. The High Court held that the blacklisting order was invalid for breaching natural justice and quashed it. However, the Court did not rule on the termination of the contract, directing the petitioner to seek redress through a civil suit for that matter. Consequently, the petition was disposed of, with the blacklisting set aside and the contract termination left for separate litigation.

Issues considered

Whether the blacklisting of the petitioner without prior notice and hearing violates the principles of natural justice.
Whether the termination of the contract with the Directorate of Fisheries can be challenged through a writ petition.

Subjects

blacklisting
natural justice
tender process
contract termination
writ petition
administrative law
partnership firm
Goa

Judgment

2026:BHC-GOA:1825-DB
                                              63 WP 846 2026


                vinita
                         IN THE HIGH COURT OF BOMBAY AT GOA


                            WRIT PETITION NO.846 OF 2026

            Motherhood Foods, a partnership
            firm duly registered under the
            Indian Partnership Act, 1932,
            having its office at No 61, 1st cross,
            Vaishnodevi          Indl       Area,
            Kumbalgodu, KIADB, Bangalore
            560074 represented by its partner,
            namely Mrs. Swapna Arun, Aged 44
            years, married, resident of 101 4th
            main, Adarsh agar, Nagarbhavi,
            Bangalore 560090                       …..              Petitioner.

                 Versus

            1    The State of Goa, Through the
                 Chief Secretary, Secretariate,
                 Porvorim, Goa.

            2    The Directorate of Fisheries,
                 Government of Goa, Dayanand
                 Bandodkar Marg, Panaji Goa-
                 403001                        …..                  Respondents.


           Mr. Akhil Parrikar , Advocate for the Petitioner.

           Mr Prashil Arolkar, Additional Government Advocate for
           the State.


                                CORAM:- VALMIKI MENEZES &
                                        AMIT S. JAMSANDEKAR, JJ.
                                DATED :- 7th September, 2026


          ORAL JUDGMENT ( Per Valmiki Menezes, J.)


                                                  Page 1 of 4
                                              7th September, 2026
                                  63 WP 846 2026

1.   Heard learned Counsel for the Petitioner.


2.   Rule. Rule made returnable forthwith with the consent of the

     learned Additional Government Advocate. Mr Arolkar, learned

     Additional Government Advocate waives notice of behalf of

     Respondent Nos.1 and 2.


3.   The reliefs sought in the present petition are two-fold.


4.   The first relief is for quashing and setting aside the

     communication dated 30.06.2026, whereby the Petitioner has

     been blacklisted from participating in any tender process in the

     State of Goa in respect of movable fish kiosks. By the said

     communication, the agreement dated 23.10.2024 entered into

     between the Petitioner and Respondent No. 2 has also been

     terminated.


5.   The second relief sought by the Petitioner is a challenge to the

     termination of the said contract. Mr Arolkar, learned Additional

     Government Advocate appearing for Respondent No. 2, on

     instructions,   submits   that      prior         to   issuance   of   the

     communication dated 30.06.2026, whereby the Petitioner

     came to be blacklisted, no prior notice or opportunity of hearing

     was afforded to the Petitioner. Learned Counsel, therefore,



                                      Page 2 of 4
                                 7th September, 2026
                                  63 WP 846 2026

     fairly submits that, to the extent the impugned communication

     blacklists the Petitioner, the same cannot be sustained, being in

     breach of the principles of natural justice.


6.   In view of the aforesaid submission, and having regard to the

     fact that no prior notice or opportunity of hearing was afforded

     to the Petitioner, before the order of blacklisting was passed, the

     Rule is made absolute to that extent.


7.   Accordingly, insofar as prayer clause (a) is concerned, the

     impugned communication dated 30.06.2026 is quashed and

     set aside to the extent that it blacklists the Petitioner from

     participating in any tender process in the State of Goa.


8.   However, insofar as the impugned communication dated

     30.06.2026 seeks to terminate the agreement dated 23.10.2024

     entered into between the Petitioner and Respondent No. 2, we

     leave it open to the Petitioner to avail an appropriate remedy by

     instituting a civil suit. Such remedy would be an alternate and

     efficacious remedy in respect of the challenge to the

     termination of the contractual arrangement.


9.   Accordingly, the Rule is made absolute to the aforesaid extent

     in terms of prayer clause (a).



                                      Page 3 of 4
                                  7th September, 2026
                                                        63 WP 846 2026

                        10. The Petition stands disposed of in the above terms.




                         AMIT S. JAMSANDEKAR, J.                    VALMIKI MENEZES, J.




Signed by: VINITA VIKAS NAIK
Designation: Private Secretary
                                                            Page 4 of 4
Date: 10/09/2026 11:02:22
                                                        7th September, 2026

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