Vijay Engg. And Electrical Works vs Union Of India And 2 Others
2023 Latest Caselaw 10352 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- WRIT TAX No. - 1050 of 2021
 

 
Petitioner :- Vijay Engg. And Electrical Works
 
Respondent :- Union Of India And 2 Others
 
Counsel for Petitioner :- Suyash Agarwal
 
Counsel for Respondent :- A.S.G.I.,Anjana Singh,Ashok Singh
 

 
Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the petitioner.

Present petition has been filed challenging the order dated 17.7.2019 whereby the registration of the petitioner has been cancelled.

The petitioner also challenges the order dated 28.10.2021 whereby the appeal preferred by the petitioner has been rejected on the ground of delay.

Submission of learned counsel for the petitioner is that the order dated 17.7.2019 is a non-speaking order. He relies upon a judgment passed by this Court in the case of M/s Chandra Sain, Sarda Nagar, Lucknow Thru. Its Proprietor v. U.O.I & Ors. (Writ Tax No.147 of 2022) on 22.09.2022.

I have perused the order dated 17.7.2019, which is patently non-speaking order.

Considering the fact that a similar issue has been decided by this Court in the case of M/s Chandra Sain (supra), the present writ petition deserves to be allowed on the same ground and reasoning.

The writ petition is accordingly allowed.

Impugned orders dated 17.7.2019 and 28.10.2021 are set aside.

The matter is remanded to the adjudicating authority to pass fresh order after giving an opportunity of hearing to the petitioner.

Order Date :- 7.4.2023

S.A.