- (1.) M. Katju, J. This writ petition has been filed against the impugned order dated 26/27-3-2003 (Annexure-3 to the writ petition) by which the petitioners have been placed in the black list.
(2.) HEARD learned Counsel for the parties. It is alleged in paragraph 3 of the petition that the petitioners are authorized transporters having rendered services to Pradeshik Co-operative Dairy Federation Limited, Lucknow (P. C. D. F.) since 1994. It is alleged that during this period there was no complaint against the petitioners. There is another transporters namely Jai Maa Durga Road Lines, Ramnagar Road, Parao, Chandauli and Sri Shiv Prasad Gupta alias Dabbu s/o Dev Nath Gupta alias Muneem, r/o Mukimganj, Varanasi is the proprietor/owner of that firm. On 25-12-2002 the P. C. D. F. , Varanasi is said to have hired Jai Maa Durga Road Lines for transportation of 300 bags cattle feed and the goods are said to have been delivered to the said transporter for M/s. Manoj Kumar Pankaj, Bhulwari Sarif, Patna (vide Annexure-1 to the petition ). Since the goods were not delivered at Phulwari Sarif, Patna in time hence on an inquiry the P. C. D. F. Limited came to know that the goods were not made available to M/s. Manoj Kumar Pankaj. The said transporter was immediately contacted but since there was no satisfactory reply an FIR was lodged on 28-1-2003 at about 11. 00 p. m. under Section 407 IPC against Shiv Prasad Gupta (vide Annexure-II to the petition ).
(3.) IT is alleged in para 7 of the petition that Jai Maa Durga Road Lines is not an authorized transporter. The local unit (cattle feed factory, Industrial Area Ramnagar, Varanasi) had hired Truck No. U. P. 63-A- 6055, and on a holiday i. e. , 25- 12-2002, 300 Bags cattle feed were delivered to Jai Maa Durga Road Lines for M/s. Manoj Kumar Pankaj, Phulwari Sarif, Patna. IT is alleged in paragraph 8 of the petition that the aforesaid Truck is owned by an influential officer of the transport department posted in Varanasi, and it was only to save the skin of the said officer that the transporter Jai Maa Durga Road Lines has taken a somersault and it has denied that any truck was hired by the said transporter. It appears that to enquire into the incident dated 25-12-2002, a three member committee was constitute and a report is said to have been submitted by the said committee. On that report, the impugned order has been passed (vide Annexure-III to the petition ).;