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2018 (4) TMI 1587 - HC - VAT and Sales TaxGrant of Interim Stay - suspension of CHA License - case of appellant is that learned Judge ought not to have granted such interim order, when the offence alleged against the writ petitioner in the impugned proceedings is very serious in nature and therefore, staying the impugned order of suspension, would amount to allowing the writ petition itself. Held that:- There is no dispute to the fact that the learned single Judge while granting the interim order of stay, has not stated any reason in support of the grant of such interim order, so as to warrant an exercise from us to decide about the correctness or otherwise of such reasoning. The fact remains that the said interim order was granted at the time of admission of the writ petition. When such being the factual position, it is for the appellant to canvass against the interim order granted by the learned single Judge while arguing the Vacate Stay Petition. Since serious allegations are made against the writ petitioner, in the impugned order, which was put to challenge in the writ petition and in view of the fact that the learned Judge has chosen to grant the interim stay of the suspension order, we are of the considered view that the Vacate Stay Petition filed by the appellant herein before the writ Court has to be taken up immediately, so that an order on merits shall be passed in the stay petition by the writ Court. Appeal is disposed of with a request to the Writ Court to take up the Vacate Stay Petition as expeditiously as possible.
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