9911796707
TMI Blog2000 (11) TMI 1202X X X X Extracts X X X X X X X X Extracts X X X X ..... wards the petitioner has filed W.P.M.P. No. 24627 of 2000 seeking amendment of the writ petition so as to seek quashing of the order of the first respondent dated September 13, 2000. We have allowed that application by a separate order. 2.. The writ petition as amended in W.P. M.P. No. 24627 of 2000 was finally heard by us with the consent of the learned counsel for the parties. Sri M.V.K. Murthy, the learned counsel for the petitioner with usual vehemence would contend that there was absolutely no ground whatsoever for the first respondent to exercise the power under section 12(17) of the Act to cancel the registration certificate. Elaborating this contention, the learned counsel would contend that on a complaint made by the second respo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ering authority, the first respondent herein, under section 12(17) of the Act. Sub-section (17) of section 12 of the Act reads as follows: "12(17) The prescribed authority shall have power for good and sufficient reasons to cancel, modify or amend any certificate of registration issued by him. Provided that no order shall be passed under this sub-section without giving the dealer concerned an opportunity of being heard". In the instant case, it is not the case of the petitioner that the impugned order was passed without notice to him and without giving any opportunity of being heard. Therefore, the only question that arises for our consideration and decision is whether the first respondent-registering authority had "good and sufficient ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any other legal character. In other words, the petitioner went before the registering authority claiming that he is a sub-lessee of the second respondent herein. If that is the factual position and if the registering authority subsequently comes to know that the petitioner does not possess the legal character of a sub-tenant, it cannot be said that the registering authority acted irrationally and arbitrarily or without good and sufficient reasons in cancelling the registration certificate. The argument of the learned counsel for the petitioner that the impugned action of the first respondent dated September 13, 2000 would tantamount to the first respondent reviewing the earlier conclusion arrived at by his predecessor-in-office does not me ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the fact-situation of this case, we are of the considered opinion that the first respondent had sufficient and good reasons to exercise the statutory power conferred upon him. Therefore, it cannot be said that the impugned action is irrational or arbitrary. 4.. The judgment of this Court supra (Samayamanthula Srihari v. Commercial Tax Officer [1993] 88 STC 446; (1992) 14 APSTJ 229) would in no way advance the point urged by the learned counsel for the petitioner. That was a case where the writ petitioners claiming to be owner of the subject property and contending that the third respondent was a tenant had filed the writ petition seeking cancellation of the registration certificate. The court dealing with that writ petition has opined th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sehood, and if they resort to such methods, that single circumstance would itself will be sufficient for the statutory authorities to nullify or cancel the statutory instrument issued by them. For all these reasons, we are not persuaded to interfere with the impugned order of the first respondent dated September 13, 2000. 5.. Before parting with the case, a submission by the learned counsel for the petitioner would be noted. Mr. Murthy, the learned counsel, would tell us that the petitioner was put into possession of the property in pursuance of a partnership agreement between the petitioner and the second respondent. We do not want to express any opinion about this claim. If the petitioner has a right to be in possession of the subject p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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