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2018 (12) TMI 1943 - SUPREME COURTCancellation of license of Respondent No. 1 in relation to the shop in question - whether the High Court was right in allowing the Respondent No. 1's writ petition? - HELD THAT:- The High Court having held that the order of the Commissioner was not legally sustainable because it was an unreasoned order, it had two options to follow. One, to decide the controversy on merits in the writ petition itself and the other to remand the case to the Commissioner for deciding the appeals afresh on merits in accordance with law by passing reasoned order after dealing with all the contentions raised by the parties in support of their case. As a consequence, the merits of the case could not be examined either by the Commissioner in appeal properly or the High Court in writ petition - the parties were entitled for a decision of their case on merits by the Appellate Court (Commissioner) and then by the High Court in its writ jurisdiction. In this case, neither the Commissioner could record any finding on the merits and nor the High Court. The case is remanded to the Commissioner, Lucknow Division, Lucknow (UP) for deciding the appeals afresh on merits - Appeal allowed in part by way of remand.
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