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2019 (12) TMI 1556 - HC - Indian LawsMaintainability of appeal - rejection of appeal of the petitioner even without considering the request as well as the prayer made by the petitioner in his appeal for retesting of the third sample of fertilizer Mono Zinc-33% in some notified laboratory - principles of natural justice - HELD THAT:- The learned State Counsel could not dispute the fact that it was incumbent upon the appellate authority to have considered the submissions as well as the request of the petitioner before passing the order. The learned Standing Counsel also could not dispute the fact that the appellate order does not contain any reason and is completely bereft of any reasons. This Court is of the view that there will be no gainful purpose in keeping the above petition pending; inasmuch as the order impugned which is bereft of any reason, cannot be sustained - the matter is remitted to the appellate authority for deciding the appeal afresh in light of the law as well as after considering the prayer of the petitioner in respect of the retesting of the third sample is concerned - Petition allowed by way of remand.
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