A single judge dismissed a writ petition seeking quashing of a government order cancelling a firm's registration. The court held the petitioner suppressed facts by filing a false affidavit regarding company takeover.
The application seeking quashing of the cancellation order is dismissed due to suppression of facts by the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6556 of 2015
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Shambhu Kumar Chaubey son of Sri Ramashray Chaubey resident of VillageBarauli, Chaubey Tola, P.O. and P.S.- Barauli, District- Gopalganj Bihar.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner : Mr. Rakesh Kumar. Advocate For the Respondents : Mr. AC to GA11 For Respondent No.7 : Mr. Y.V. Giri, Sr. Advocate Mr. Ashish Giri, Ms. Riya Giri, Mr. Devashish Giri, Advocates ======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
4 22-12-2022 Heard the parties.
The petitioner has prayed for the following reliefs:-
“(I) For issuance of writ in the nature of certiorari for quashing the Order contained in Memo No. 3676 dated 31.03.2015 (Annexure-6) issued under the signatures of Engineer in Chief -Cum-Additional Commission-Cum-Special Secretary, Rural Engineering Works Department, Government of Bihar, Patna whereby the Registration of Petitioner being Registration
Patna High Court CWJC No.6556 of 2015(4) dt.22-12-2022 2/2
No.1307/2014 Class-I, stands cancelled.
(II) For any other relief/reliefs, order/orders and direction/directions may be issued in favour of the Petitioner in accordance with law for which he is entitled too in the ends of justice.”
I have heard the parties and perused the materials available on record. From paragraph 15 of the counter affidavit it appears that the petitioner has submitted a false affidavit in Form - ‘ Ka ’ by disclosing the fact that the petitioner-firm was already taken over by a Company having its own registration. In view of the aforesaid fact, registration of the petitioner being Registration No.1307/2014 has been cancelled by the authority of the Department.
This application is dismissed as the petitioner has suppressed the facts.
(Sandeep Kumar, J)
BT/-
U
1 issue framed by the court
Whether the writ petition seeking quashing of registration cancellation is allowed when the petitioner suppressed material facts.
Shambhu Kumar Chaubey
State Of Bihar
Durga Construction
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
