This court allowed a writ petition challenging a non-speaking order cancelling the petitioner's registration and its subsequent rejection on delay grounds, relying on a prior decision.
Impugned orders dated 04.06.2021 and 20.12.2022 are set aside and the matter is remanded to the adjudicating authority.
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Court No. - 6
Case :- WRIT TAX No. - 76 of 2023
Petitioner :- M/S Premium Developers Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pranjal Shukla Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioner.
Present petition has been filed challenging the order dated 04.06.2021 whereby the registration of the petitioner has been cancelled.
The petitioner also challenges the order dated 20.12.2022 whereby the appeal preferred by the petitioner has been rejected on the ground of delay.
Submission of learned counsel for the petitioner is that the order dated 04.06.2021 is a non-speaking order. He relies upon a judgment passed by this Court in the case of M/s Chandra Sain, Sarda Nagar, Lucknow Thru. Its Proprietor v. U.O.I & Ors. (Writ Tax No.147 of 2022) on 22.09.2022.
I have perused the order dated 0406.2021, which is patently nonspeaking order.
Considering the fact that a similar issue has been decided by this Court in the case of M/s Chandra Sain (supra), the present writ petition deserves to be allowed on the same ground and reasoning.
The writ petition is accordingly allowed .
Impugned orders dated 04.06.2021 and 20.12.2022 are set aside.
The matter is remanded to the adjudicating authority to pass fresh order after giving an opportunity of hearing to the petitioner.
Order Date :- 4.4.2023 akverma
Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad
2 issues framed by the court
Whether a non-speaking order cancelling registration can be challenged under Article 226.
Whether a rejection of appeal on the ground of delay can be challenged when the underlying order was non-speaking.
Colour shows how this judgement treated each authority
M/s Chandra Sain, Sarda Nagar, Lucknow Thru. Its Proprietor v. U.O.I & Ors. (Writ Tax No.147 of 2022)Relied on¶8
M/S Premium Developers
State Of U.P.
2 Others
Pankaj Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
