9911796707
TMI Blog2024 (5) TMI 549X X X X Extracts X X X X X X X X Extracts X X X X ..... ce. The orders impugned herein are liable to be set aside. Accordingly, the order in original dated November 10, 2022 and the appellate order dated April 6, 2024 are quashed and set aside - Petition allowed. - Hon'ble Shekhar B. Saraf, J. For the Petitioner : Alok Kumar Srivastava, Shivesh Mishra For the Respondent : C.S.C. ORDER HON'BLE SHEKHAR B. SARAF, J. 1. Heard learned counsel for the petitioner and Sri Rishi Kumar, learned Additional Chief Standing Counsel for the State. 2. This is a writ petition under Article 226 of the Constitution of India, wherein the petitioner challenges the order in original for cancellation of registration dated November 10, 2022 passed by the respondent No.3/Assistant Commissioner, State Tax, Divi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... application of mind; he draws my attention to the impugned order dated 07.01.2023, which does not disclose any application of mind. He, thus, argues that the quasi judicial order which has an adverse effect on the right of the petitioner to run business as guaranteed under Article 19 of the Constitution of India, the same has been done without any application of mind which is neither the intent of the Act nor can it be held to be in compliance of the mandate of Article 14 of the Constitution of India. He further argues that as the appeal has not been decided on merit, the doctrine of merger will have no application and it is only the order dated 07.01.2023 which affects the petitioner and as the same is devoid of any reasons, the same can ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tober 10, 2023 to emphasis the point that providing of reasons in order is of essence in judicial proceedings. 6. In the present case, the facts are similar to one in Surendra Bahadur Singh's case (supra) , wherein the appeal was barred by time under Section 107 of the Act. However, the Division Bench in Surendra Bahadur Singh's case (supra) took into consideration the original order and set aside the same being non-reasoned and allowed the petitioner therein to file reply to the show cause notice. 7. In light of the above, I am of the view that the orders impugned herein are liable to be set aside. Accordingly, the order in original dated November 10, 2022 and the appellate order dated April 6, 2024 are quashed and set aside. The p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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