M/S Myra Hospitality Services v. State Of Haryana And Others

CWP-5468-2023

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-5468-2023 Date of Decision:-17.03.2023 M/s Myra Hospitality Services, Faridabad ....Petitioner vs.

State of Haryana and others.

....Respondents CORAM:- HON'BLE MS. JUSTICE RITU BAHRI HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Rajiv Agnihotri, Advocate for the petitioner Ritu Bahri, J. (Oral) The present petition is for setting aside order dated 21.02.2023 (P-11) and order dated 07.09.2022 (P-5) cancelling registration of the petitioner.

Issue notice of motion.

On asking of the Court, Ms. Mamta Singla Talwar, DAG, Haryana, accepts notice on behalf of respondent-State. Learned counsel for the petitioner further submits that the impugned order has been passed without giving opportunity of hearing to the petitioner.

This issue has already been considered by this Court in CWP No. 2739-2023 whereby the appeal of the petitioner against order of revocation of registration in FORM GST Reg-19, has been dismissed on the ground that the petitioner has failed to submit certified copy of the impugned order. This Court while relying upon memo dated 24.02.2023, as per which the provision of certified copy of the decision or order appeal, has been done away with, allowed the writ petition on 27.02.2023. GAURAV ARORA 2023.03.22 12:38 I attest to the accuracy and authenticity of this order/document P&H HC, Chandigarh

CWP-2739-2023 In the present case as well, the Appellate Authority didn't entertain the appeal and dismissed it on ground of non-receipt of certified copies.

Learned counsel for the parties are ad idem that the issue involved in the present petition is squarely covered by case of M/s Prabhat Auto Industries vs. State of Haryana and others, passed in CWP No. 27392023, decided on 27.02.2023. Keeping in view the above judgment, the present petition is also allowed and impugned order dated 21.02.2023 (P-11) and order dated 07.09.2022 (P-5) are set aside. A direction is given to the Appellate Authority to decide the appeal on merits, expeditiously, after taking into consideration the photocopy of the impugned order. (RITU BAHRI) JUDGE (MANISHA BATRA) JUDGE 17.03.2023 G Arora Whether speaking/reasoned : Yes/No Whether reportable : Yes/No