Harish Shivaji Vichare ... vs State Of Gujarat
2023 Latest Caselaw 6277 Guj

                                                                                 NEUTRAL CITATION




    C/SCA/10587/2023                             JUDGMENT DATED: 25/08/2023

                                                                                  undefined




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 10587 of 2023


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE BIREN VAISHNAV

and
HONOURABLE MR. JUSTICE BHARGAV D. KARIA
==========================================================
1    Whether Reporters of Local Papers may be allowed
     to see the judgment ?

2    To be referred to the Reporter or not ?

3    Whether their Lordships wish to see the fair copy
     of the judgment ?

4    Whether this case involves a substantial question
     of law as to the interpretation of the Constitution
     of India or any order made thereunder ?

==========================================================
    HARISH SHIVAJI VICHARE PROPRIETOR OF M/S HARISH TRADERS
                              Versus
                        STATE OF GUJARAT
==========================================================
Appearance:
HIREN J TRIVEDI(8808) for the Petitioner(s) No. 1
MR.PRANAV TRIVEDI, ASSISTANT GOVERNMENT PLEADER/PP for the
Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2,3,4
==========================================================
    CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
          and
          HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                             Date : 25/08/2023

                     ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE BIREN VAISHNAV)

NEUTRAL CITATION

C/SCA/10587/2023 JUDGMENT DATED: 25/08/2023

undefined

1 Rule returnable forthwith. Mr.Pranav Trivedi,

learned Assistant Government Pleader, waives service of

notice of rule on behalf of the respondent - State. With

consent of the learned advocates appearing for the

respective parties, the matter is taken up for final hearing

today.

2 Heard Mr.Hiren Trivedi, learned counsel for the

petitioner and Mr.Pranav Trivedi, learned Assistant

Government Pleader for the the respondent - State.

3 The prayer in this petition is that the order of the

Appellate Authority dated 02.02.2023 be implemented.

Shortly stated, the facts are that by virtue of a show-

cause notice for cancellation of registration, the

petitioner's registration was cancelled by an order dated

15.07.2019. When the order was challenged in appeal,

the Appellate Authority, as is evident from the order

dated 02.02.2023, passed an order rejecting the order of

cancellation. The order is purely conditional without

having gone into the merits of the case. The only fact that

NEUTRAL CITATION

C/SCA/10587/2023 JUDGMENT DATED: 25/08/2023

undefined

is observed is that it is expected that the petitioner shall

continue to file returns and a chance has been given to

the petitioner to comply with the formalities of the

provisions.

4 Mr.Pranav Trivedi, learned AGP, states that the

respondents may be permitted to pass a fresh order with

regard to cancellation of the registration.

5 It goes without saying that the order of the Appellate

Authority does not prevent the respondents from doing

so.

6 The respondents are hereby directed to comply with

the order of the Appellate Authority on, or before,

31.08.2023. The petition is allowed, accordingly. Rule is

made absolute to the aforesaid extent. Direct service,

today, is permitted.

(BIREN VAISHNAV, J)

(BHARGAV D. KARIA, J) BIMAL