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AZAD GRAMODYOG SEVA ASHRAM TRHU' ITS SECY. versus UNION OF INDIA AND OTHERS

High Court of Judicature at Allahabad

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Azad Gramodyog Seva Ashram Trhu' Its Secy. v. Union Of India And Others - WRIT - C No. 72186 of 2005 [2005] RD-AH 6316 (24 November 2005)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Civil Misc. W.P. No.  72186 of 2005

Hon'ble Sushil Harkauli, J.

Hon'ble Vikram Nath, J.

We have heard learned counsel for the petitioner and Sri Rajiv Sharma for the respondents No. 2 and 3.

From the charges mentioned in the impugned appellate order dated 25.10.2005, annexure-1 to this petition, it appears that in nutshell, the charges are that the shop remains closed and does not do business except for very short durations during rebate seasons. The explanation of the petitioner dated 5.10.2002 has been enclosed as annexure-5 and in para-4 of that explanation, the petitioner has furnished sales figures month-wise. These sales figures have not been considered in the impugned appellate order.

Whether the establishment of the petitioner remains open for substantial period and was closed due to personal difficulty for a short period, is a question upon which the sales figures mentioned in para-4 of the explanation would have important bearing. Therefore, it was incumbent upon the appellate authority to have considered the sales figures and, if necessary, to get them corroborated by production of the original accounts before arriving at the conclusion against the petitioner.

In the circumstances, we allow the writ petition, set-aside the appellate order dated 25.10.2005 and require the appellate authority to reconsider the matter by a reasoned order, after giving an opportunity of hearing to the petitioner.

The writ petition is allowed as above.

Dated : November 24, 2005

AM/-


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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