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Judgment
ASHWANI KUMAR MISHRA, A.C.J. (Oral)
CM-9107-CWP-2026 (placing on record)
This application under Section 151 CPC has been filed on behalf of the applicant-petitioner seeking placing on record additional documents i.e., Annexures P-3 to P-5.
For the reasons mentioned in the application, the same is allowed.
Annexures P-3 to P-5 are taken on record, subject to all just exceptions. The Registry is directed to do the needful.
Main Case (O&M)
This petition is directed against the order dated 21.07.2025 (Annexure P-2), whereby the petitioner's registration has been cancelled.
It transpires that on 02.07.2025, a Show Cause Notice (SCN) was issued to the petitioner, wherein it was recorded that the supporting documents relied upon for cancellation of the registration were attached.
According to the petitioner, no such documents were attached to the SCN.
The SCN dated 02.07.2025 has formed the basis for the cancellation of the petitioner's registration vide order dated 21.07.2025.
Learned counsel for the petitioner submits that since the documents in support of the SCN were not furnished to the petitioner, the petitioner was denied an opportunity to contest the matter and, consequently, the cancellation of the registration cannot be sustained.
Learned counsel for the revenue does not dispute the factual assertions made on behalf of the petitioner that none of the documents relied upon in the SCN were, in fact, furnished to the petitioner.
In such circumstances, we find substance in the petitioner's contention that the petitioner was denied an opportunity to submit a proper reply to the SCN.
On this short ground alone, this petition deserves to succeed and is accordingly allowed. The order dated 21.07.2025 (Annexure P-2) and the SCN dated 02.07.2025 (Annexure P-1) are hereby quashed.
It shall, however, be open to the respondents to proceed further in accordance with law.
All pending miscellaneous application(s), if any, shall also stand disposed of.
