Bombay High CourtWP/1814/2021disposed off

Asahi India Glass Limited v. The State Of Maharashtra And ANR

2022-04-04Hon'Ble Shri Justice S.V. Gangapurwala,Hon'Ble Shri Justice Vinay Joshi3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by BASAVRAJ GURAPPA PATIL Date:

2022.04.05 11:11:06 +0530 BASAVRAJ GURAPPA PATIL WRIT PETITION NO.1814 OF 2021 Asahi India Glass Ltd.

..... Petitioner Vs.

State of Maharashtra & Ors.

..... Respondents Mr. Akhilesh Kangsia I/b. Sriram Sridharan for the Petitioner Mr. Dushyant Kumar, AGP for the State

CORAM:

S.V. GANGAPURWALA & VINAY JOSHI, JJ.

DATED :

APRIL 4, 2022 P.C.

The order cancelling Registration Certificate granted to the Petitioner is assailed.

Amongst other submissions, one of the submissions of the learned Advocate for the Petitioner is that the impugned order is without reasons. Reply was given to the show cause notice. The impugned order does not deal with the grounds raised by the present Petitioner while passing the impugned order.

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The learned Counsel for the Respondents submits that the order in question is an administrative order. The show cause notice was issued to the Petitioner. The reply was not satisfactory. The order has been rightly passed. The distinction between an administrative and quasi judicial order is almost obliterated.

The impugned order is bereft of reasons. The reasons depict the application of mind of the Authority passing the order. Reasons, now, are considered to be one of the facets of the principles of natural justice. The Petitioner had filed reply to the show cause notice. The same ought to have been dealt with while passing the impugned order. As the impugned order lacks reason, we set aside the impugned order and relegate the matter to the Authority. The Petitioner shall appear before the Authority on 25th April 2022. The Authority shall take decision afresh pursuant to the show cause notice issued by it for cancellation of registration, on its own merits and in 2/3

accordance with law and pass an order, afresh, expeditiously.

The Writ Petition stands disposed of accordingly. No costs.

(VINAY JOSHI, J.) (S.V. GANGAPURWALA, J.) 3/3