Case Law Details
Gobind Enterprises Through Gurjinder Singh Vs State of Gujarat (Gujarat High Court)
At the outset, it is contended by the petitioner that order is passed on 27.3.2020, when the whole nation was under lock down due to Covid19 and order is served upon the petitioner on 17.6.2020 and therefore, there was no effective hearing and the orders are passed in breach of principles of natural justice.
On verification of the said fact on the record of petition, it is clearly established that order is passed on 27.03.2020.
The petitioner has contended that no opportunity of being heard is given before passing the impugned order dated 27.02.2020.
In view of the aforesaid, the Court deems it fit to quash and set aside the order as well as consequential notices.
FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT
1. Heard Mr. Sandip Gohel, learned counsel assisted by Mr. Siddharth R. Kheskani, learned advocate for the petitioner and Mr. Chintan Dave, learned AGP for respondent State on advance copy.
2. By way of this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 27.03.2020 passed by authority and also Form No. 304 and Form VII (B) dated 27.3.2020 and further demand notices of the even date, more particularly as prayed for in para-7a.
3. At the outset, it is contended by the petitioner that order is passed on 27.3.2020, when the whole nation was under lock down due to Covid19 and order is served upon the petitioner on 17.6.2020 and therefore, there was no effective hearing and the orders are passed in breach of principles of natural justice.
4. On verification of the said fact on the record of petition, it is clearly established that order is passed on 27.03.2020. The learned AGP is not in a position to controvert the same.
5. The petitioner has contended that no opportunity of being heard is given before passing the impugned order dated 27.02.2020.
6. In view of the aforesaid, the Court deems it fit to quash and set aside the order as well as consequential notices and orders passed in Form 304 and demand notices dated 27.03.2020 and demand notices as prayed for in para-7a only on the short ground of breach of principles of natural justice and remanded the proceedings back to respondent no. 2.
7. It is matter of common knowledge that the offices have started functioning. The petitioner through its Proprietor or his authorized representative shall personally remain present before the office of respondent no. 2 on 05.10.2020 at 11-30 hrs.
8. The respondent no. 2 is directed to fix the date on said date and inform the petitioner or his representative accordingly. No separate notice would be required to be given to the petitioner. The authority shall after giving an opportunity of being heard to the petitioner, pass a fresh order without in any manner being influenced by the impugned order passed earlier as well as observations made in this order. It is also made clear that this order is passed in a peculiar facts and circumstances of the case only with a view to give an opportunity of being heard to the petitioner.
9. Petition is disposed of accordingly.
