Writ petition challenging non-speaking orders cancelling registration and rejecting appeal on delay allowed. Orders set aside and matter remanded for fresh hearing with opportunity to be heard.
Impugned orders dated 18.02.2022 and 14.12.2022 set aside; matter remanded for fresh hearing.
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Court No. - 6
Case :- WRIT TAX No. - 81 of 2023
Petitioner :- M/S Cake And Bake Hub 89-B Jawan Alinagar Aligarh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Syed Ali Murtaza 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 18.02.2022 whereby the registration of the petitioner has been cancelled.
The petitioner also challenges the order dated 14.12.2022 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 impugned order 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 impugned order, which is patently non-speaking 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 18.02.2022 and 14.12.2022 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 :- 24.3.2023 nishant
Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad
2 issues framed by the court
Whether a non-speaking order cancelling registration and rejecting appeal on delay can be challenged per incuriam?
Whether the petitioner was entitled to a fresh hearing after cancellation of registration?
Colour shows how this judgement treated each authority
M/s Chandra Sain, Sarda Nagar, Lucknow Thru. Its Proprietor v. U.O.I & Ors.Relied on¶8
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
M/S Cake And Bake Hub 89-B Jawan Alinagar Aligarh
State Of U.P.
Pankaj Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
