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2024 (7) TMI 914

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..... l. In this backdrop, we find substance in the arguments of learned counsel for the petitioner that if appropriate show cause notice is issued and he may be given an opportunity, it will meet the ends of justice. The SCN and Order-in-Original are set aside - petition disposed off. - THE HONOURABLE SRI JUSTICE SUJOY PAUL And THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO FOR THE PETITIONER : PONNAM ASHOK GOUD FOR THE RESPONDENT : GADI PRAVEEN KUMAR DY. SOLICITOR GEN. OF INDIA ORDER ( Per Hon ble SP, J ) Heard Sri Ponnam Ashok Goud, learned counsel for the petitioner; Sri B. Mukherjee, learned counsel representing Sri Gadi Praveen Kumar, learned Deputy Solicitor General of India, for respondent Nos.1 and 4; Learned Government Pleader fo .....

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..... thermore, it is submitted that in the show cause notice, it is no where mentioned about any material which became reason for change of mind and to take a different decision than the one taken in order for cancellation of registration, dated 08.07.2022. Those reasons, dates etc., are not disclosed. All the heads, which became reason for Order-in-Original, are anterior to the permission to closedown dated 08.07.2022. Putting it differently, it is argued that the respondents should have mentioned the dates on which they gathered the information for change of their minds and also the dates when they received such information. Since the Department was aware about all the information when permission to close down, cancellation of registration was .....

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..... in necessary foundation on the strength of which impugned action could have been taken after 08.07.2022. Thus, communication through email to the petitioner will not improve the case of the respondents. In nutshell, in our opinion, the show cause notice lacks minimum details to establish that after 08.07.2022, the respondents received any adverse material which formed basis of show cause notice and Order-in-Original. In this backdrop, we find substance in the arguments of learned counsel for the petitioner that if appropriate show cause notice is issued and he may be given an opportunity, it will meet the ends of justice. 9. Resultantly, the show cause notice, dated 27.12.2023 and Order-in-Original, dated 19.03.2024 are set aside. Liberty i .....

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