Gujarat High Court
Girishbhai Naranbhai Patel Huf vs The Inspecting Officer on 9 January, 2024
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/LPA/562/2020 ORDER DATED: 09/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 562 of 2020
In R/SPECIAL CIVIL APPLICATION NO. 258 of 2020
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
In R/LETTERS PATENT APPEAL NO. 562 of 2020
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GIRISHBHAI NARANBHAI PATEL HUF
Versus
THE INSPECTING OFFICER
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Appearance:
GUPTA LAW ASSOCIATES(9818) for the Appellant(s) No. 1
MR DEVANG VYAS(2794) for the Respondent(s) No. 1,2
MR HARSHEEL D SHUKLA(6158) for the Respondent(s) No. 1,2
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 09/01/2024
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. Mr. Mihir Joshi, the learned senior counsel assisted by
Mr. Paritosh Gupta, the learned advocate appearing for the
appellant, at the outset, would submit that in view of the addendum
notice dated 19.01.2021 issued to the original notice dated
15.01.2020, the appellant herein proposes to approach the
competent authority by submitting a reply to the addendum notice
dated 19.01.2021.
2. We may note that the writ petition was directed against the
show cause notice dated 15.01.2020 and the petitioner has
approached this Court without submitting any reply to the show
cause notice and for this reason, the learned Single Judge remitted
NEUTRAL CITATION
C/LPA/562/2020 ORDER DATED: 09/01/2024
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the matter to the competent authority with the observation in
paragraph 13 as under :-
"13. Merely because the authority has issued this
notice after filing of the petition would not make it bad
only on that count. That is an additional ground that can
be urged in response to the notice. The practice of
entertaining writ petitions questioning the legality of the
show cause notices which eventually stall inquiries as
proposed has been deprecated by the Apex Court in
various decisions. The petitioners can always respond to
the show cause notice and take all contentions which
are raised in the writ petition before the Authority. The
very purpose of issuance of a show cause notice which
record prima facie reasons is to seek a reply for the
proposed actions thereunder, before initiation of
adjudication proceedings."
3. In view of the submission made by the learned senior counsel
appearing for the appellant that the appellant seeks to submit an
explanation/reply to the addendum notice dated 19.01.2021, we do
not find any good ground to keep the present Appeal pending. The
instant Appeal is being disposed of with the observation that the
petitioner may submit a reply/explanation to the addendum notice
dated 19.01.2021 within a period of three weeks along with the
copy of this order. In case, such reply is submitted within the time
given above, the competent authority shall be under obligation to
deal with all the points of objection raised by the appellant and pass
a reasoned and speaking order strictly in accordance with law. It is
made clear that any observation made by the learned Single Judge
in the judgment impugned, if is coming in the way of the petitioner,
shall not be given consideration by the competent authority. In any
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C/LPA/562/2020 ORDER DATED: 09/01/2024
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case, the issues raised by the petitioner in reply to the show cause
notice shall be dealt with independently without being influenced by
any of the observations made by the learned Single Judge.
4. It is further clarified that in view of the statement made by the
learned senior counsel that the appellant is not pressing the Appeal
on merits as he proposes to submit a reply to the addendum notice
dated 19.01.2021, we dispose of the instant Appeal at this stage
only.
5. The Civil Application for stay does not survive and the same is
disposed of, accordingly.
(SUNITA AGARWAL, CJ )
(ANIRUDDHA P. MAYEE, J.)
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