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Sumer Ram v. The State of U.P. & Ors. - WRIT - C No. 77798 of 2005 [2005] RD-AH 8042 (22 December 2005)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon. Dr. B.S. Chauhan, J.

Hon. Dilip Gupta, J.

This petition has been filed by a Stamp Vendor for quashing the order dated 27.6.2005 passed by the Assistant Stamp Commissioner, Mau by which the show cause notice was issued to the petitioner and the order dated 16.7.2005 by which the licence has been suspended. A further direction has also been sought to permit the petitioner to inspect the stamps in dispute so that the explanation may be filed.

We have heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents.

Learned counsel for the petitioner submitted that in identical circumstances this Court on 17.8.2005 in W.P. No. 55790 of 2005 quashed the show cause notice and the order suspending the licence but left it open to the Assistant Stamp Commissioner, Mau to give a fresh show cause notice giving proper details so as to enable the petitioner to give a reply.

We have perused the show cause notice in the present case and find that it suffers from the same defects which the show cause notice suffered from in W.P. No. 55790 of 2005.

In such circumstances, the show cause notice dated 27.6.2005 as well the order dated 16.7.2005 suspending the license of the petitioner are quashed. However, it will be open to the respondent No.5 to verify the complete facts and give a fresh show cause notice giving minimum proper details, which may enable the petitioner to give a proper reply.

The writ petition is allowed to the extent indicated above.




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