TMI Blog2011 (5) TMI 268X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner in any particular manner one way or the other - Department is left with full liberty to decide the question on the basis of the facts of the case - Held that:- since no order which can be stated to be adverse to the Department was passed, there is no reason to recall the said order - Therefore the grievance of the Department that order was passed without hearing the Department is rejec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 1-10-10 for grant/renewal of CHA licence, he does not have to take certain additional papers as insisted by the Department. The petition was disposed of in following terms : Heard learned counsel Shri Chetan K. Pandya for the petitioner and Shri P.S. Champaneri, learned Assistant Solicitor General for Union of India on advance copy. Petitioner claims benefit of judgment dated 1-10-2010 pass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nst the said judgment, department is bound to follow ratio laid down by the Bench in case of petitioner also. However, all these issues including question whether there are any factual differences and there are other ground on which the petitioner is not entitled to CHA license, can be gone into by the department. At this stage, we direct the department to consider the application dated 16-2-200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Department to seek stay from higher Court against the judgment dated 1-10-10. 3. In the present application, it is the grievance of the Department that such order was passed without hearing the Department and the same, therefore, may be recalled. 4. Though it is true that no formal notice was issued to the Department, we had the assistance of learned Asstt. Solicitor General appearing ..... X X X X Extracts X X X X X X X X Extracts X X X X
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