2023 (8) TMI 339 - HC - GST

Violation of principles of natural justice - without any reason the order has been passed without notice of petitioner or without hearing of petitioner - HELD THAT - Pursuant to order dated 19.06.2023, the respondent has filed personal affidavit of the concerned respondent. The same is taken on record. In para 5 of the affidavit, it is fairly admitted that the petitioner has not been provided notice before taking impugned action. At the same time, the petitioner in respect of grievance, simultaneously he had approached the concerned statutory authority and it is pending consideration. In fact, it is reliably learnt that blacklisting order is stated to have been stayed by the statutory authority. The present petition do not survive for consideration - Petition disposed off.

Summary

Issues Involved:
The issues involved in the judgment are the quashing of the order of the District Collector blacklisting a firm without notice or hearing, violation of natural justice, and the petitioner's right to approach the Court if an adverse order is passed by the statutory authority.

Quashing of Blacklisting Order:
The petitioner filed a writ petition seeking the quashing of the order of the District Collector blacklisting the firm without providing any reason or notice to the petitioner. The petitioner contended that the order was a complete violation of natural justice as it was passed without hearing the petitioner. The Court noted that the respondent admitted in the affidavit that the petitioner was not provided with a notice before the impugned action was taken. It was also mentioned that the blacklisting order had been stayed by the statutory authority. Based on these facts, the Court held that the present petition was not maintainable for consideration.

Right to Approach Court:
The Court disposed of the writ petition stating that in the event of any adverse order being passed against the petitioner by the statutory authority, the petitioner would have the liberty to approach the Court if there was no alternative remedy available. This decision ensured that the petitioner's rights were protected, and they could seek judicial intervention if necessary. The judgment emphasized the importance of providing due process and the opportunity to be heard before taking any adverse actions against an individual or a firm.

This summary highlights the key issues of the judgment, including the quashing of the blacklisting order without notice or hearing and the petitioner's right to approach the Court in case of adverse decisions by the statutory authority.