9911796707
TMI Blog2004 (8) TMI 661X X X X Extracts X X X X X X X X Extracts X X X X ..... hich the aforesaid order came to be passed read as under: "Section 62(7). Notwithstanding anything contained in subsection (1), but subject to such restrictions and conditions as may be prescribed, where on an application made by a dealer the State Government is of the opinion that hardship is being caused to such dealer due to any order passed under any of the provisions of this Act other than an order under section 32 or an order passed in pursuance or in consequence of an order by the Tribunal or the civil court, High Court, or Supreme Court, the State Government may direct the Commissioner to initiate proceedings under sub-section (1) in respect of such order and on such direction the Commissioner shall dispose of such proceeding acco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ade out and if so, what directions are called for in the facts of the case. It is for the State authorities to decide in every case depending upon the nature of relief claimed, directions sought by a dealer in their application as to whether it would be a fit case where directions as prayed for are called for can be granted and if so, what should be its basis, extent and nature. This process involves application of mind and assigning of reasons in support of issuance of directions or even for its refusal to grant. In other words, what is mandatory and one may say sine qua non for deciding the application is "assigning of reasons in the order by the State". 5.. Time and again, their Lordships of the Supreme Court has been emphasising the n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry consequence of the foregoing discussion, the petition succeeds and is hereby allowed. As observed supra, impugned order, dated February 28, 2004 (annexure P 11), passed by the State is set aside by issuance of writ of certiorari. The case is remanded to State authorities to again decide the application made by the petitioner under section 62(7) of the Act after granting them an opportunity to have their say in support of their application. Needless to observe the State will assign cogent reasons in support of their conclusion keeping in view all the requirements of section 62(7) and other relevant sections and will then decide the application one way or other on merits. It is further made clear that State will decide the application on i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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