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2023 (10) TMI 941

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..... y application of mind, the same does not satisfy the test of Article 14 of the Constitution of India, as such, the impugned order dated 23.12.2022 (Annexure - 3) is set aside. The petition is accordingly allowed. - Hon'ble Vivek Chaudhary And Hon'ble Manish Kumar JJ. For the Petitioner : Anurag Mishra For the Respondent : C.S.C. ORDER 1. Heard Sri Pranjal Shukla, learned counsel for the petitioner and learned Standing Counsel for the State. 2. Present petition has been filed challenging the order dated 23.12.2022 passed by the Superintendent, Sector- 20, Lucknow i.e. respondent no. 3, whereby the registration of the petitioner was cancelled. 3. The facts, in brief, are that the petitioner is a proprietorship concern engaged in civ .....

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..... D GOMTI NAGAR, LUCKNOW, Lucknow, Uttar Pradesh 226010 Application Reference No. (ARN): AA091122038401R Dated: 08/11/2022 Order for Cancellation of Registration This has reference to your reply dated 09.12.2022 in response to the notice to show cause dated 08/11/2022. Whereas the undersigned has examined your reply and submissions made at the time of hearing, and is of the opinion that your registration is liable to be cancelled for following reason(s). 1. No Response. The effective date of cancellation of your registration is 23/12/2022 Determination of amount payable pursuant to cancellation: Accordingly, the amount payable by you and the computation and basis thereof is as follows: The amounts determined as being payable above are without .....

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..... itioner and as the same is devoid of any reasons, the same can be challenged before this Court as decided by the Hon'ble Supreme Court in the case of Whirlpool Corporation v. Registrar of Trademarks, Mumbai and Ors. - (1998) 8 SCC 1. 6. He further places reliance on the judgment of this Court in the case of Om Prakash Mishra v. State of U.P. Ors.; Writ Tax No.100 of 2022 decided on 06.09.2022 wherein this Court had recorded that every administrative authority or a quasi judicial authority should necessarily indicate reasons as reasons are heart and soul of any judicial or administrative order. 7. In the present case from the perusal of the order dated 23.12.2022, clearly there is no reason ascribed to take such a harsh action of cancell .....

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