M/S Grantrail Wholesale Pvt. Ltd vs Assistant Commissioner
2021 Latest Caselaw 16220 Guj

     C/SCA/14581/2021                           ORDER DATED: 14/10/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 14581 of 2021

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                    M/S GRANTRAIL WHOLESALE PVT. LTD.
                                  Versus
                         ASSISTANT COMMISSIONER
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Appearance:
MR SN SOPARKAR, SENIOR ADVOCATE WITH MR NISARG DESAI FOR
NANAVATI ASSOCIATES(1375) for the Petitioner(s) No. 1
MS SURBHI BHATI, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
                  Date : 14/10/2021
                   ORAL ORDER

Mr. S.N. Soparkar, learned Senior Counsel with Mr. Nisarg Desai, learned advocate for Nanavati Associates appearing for the petitioner has urged that that the order dated 3.9.2021 has been passed in violation of the principles of natural justice inasmuch as, no reasons are recorded in the said order. It is submitted that a detailed reply was filed; however, the same has not been considered, as is clear from the contents of the order dated 3.9.2021. In support of such contention, reliance is placed on the judgment in the case of S.N. Mukherjee vs. Union of India reported in (1990) 4 SCC 594. The Apex Court, has held and observed that the rule requiring the reasons to be given in support of an order is, like the principle of audi alteram partem, a basic principle of natural justice, which must inform every quasi-judicial process and this rule must be observed in its proper spirit and mere pretence of compliance with it would not satisfy the requirement of law. It is therefore, urged that the order deserves to be quashed and set aside.

2. Ms. Surbhi Bhati, learned Assistant Government Pleader, on

C/SCA/14581/2021 ORDER DATED: 14/10/2021

instructions from the Mr. A.B. Basela, Drugs Inspector, F.D.C.A., Ahmedabad Zone-II, states that the matter be remanded back and the Assistant Commissioner, Food & Drugs Control Administration, after hearing the petitioner and considering the reply dated 20.8.2021, will pass a reasoned order.

3. Considered the submissions, and in view of the statement made by the learned Assistant Government Pleader, upon instructions, the order dated 3.9.2021 is quashed and set aside with a direction to the respondent to pass a fresh order after considering the reply dated 20.8.2021 and hearing the petitioner, within a period of four weeks from the date of the receipt of the copy of this order.

4. Under the circumstances, the petition is disposed of. No order as to costs.

(SANGEETA K. VISHEN,J) BINOY B PILLAI