Remankhan Belin v. State of Gujarat
[Citation -2020-LL-0608-27]

Citation 2020-LL-0608-27
Appellant Name Remankhan Belin
Respondent Name State of Gujarat
Relevant Act SGST
Date of Order 08/06/2020
Judgment View Judgment

C/SCA/7307/2020 ORDER IN HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 7307 of 2020 REMANKHAN BELIN Versus STATE OF GUJARAT Appearance: MR VARIS V ISANI(3858) for Petitioner(s) No. 1,2 for Respondent(s) No. 2,3 MR TIRTHRAJ PANDYA ASSISTANT GOVERNMENT PLEADER/PP(99) for Respondent(s) No. 1 CORAM: HONOURABLE MR. JUSTICE R.M.CHHAYA and HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN Date : 08/06/2020 ORAL ORDER (PER : HONOURABLE MR. JUSTICE R.M.CHHAYA) 1. Heard Mr. Varis V. Isani, learned advocate for petitioners and Mr. Tirthraj Pandya, learned AGP for respondents on advance copy. 2. By way of this petition under Article 226 of Constitution of India, petitioners have challenged order dated 14.5.2020 passed under Section 130 of GST Act in Form GST MOV-11 at Annexure-A to petition. 3. predominant ground raised in petition is that no opportunity of actual hearing was given. Mr. Pandya, relying upon written instructions received by him dated 8.6.2020, states that notice for hearing was given to petitioner, however, he preferred not to remain present and thereafter, order was passed in absence of petitioner. Page 1 of 2 Downloaded on : Fri Apr 30 10:56:32 IST 2021 C/SCA/7307/2020 ORDER 4. Considering present situation, impugned order dated 14.5.2020 therefore smacks of vice of breach of principles of natural justice. Because of pandemic Corona Virus Covid-19, petitioner could not remain present and/or preferred to stay safe because of Corona Virus Covid-19 and meanwhile, impugned order is passed. Mr. Pandya has read over written instructions dated 8.6.2020 to Court. 5. It is admitted position that impugned order dated 14.5.2020 is passed without hearing petitioner and only on short ground, impugned order dated 14.5.2020 is hereby quashed and set aside and authorities concerned shall pass fresh order on merits without being influenced by order impugned after giving opportunity of hearing to petitioner. petitioner shall remain present for hearing on date fixed by authorities and authorities shall inform petitioner in advance. It is, however, clarified that this Court has not examined issue involved in proceedings before authorities and impugned order is quashed and set aside only on ground of non-hearing. 6. Accordingly, petition is allowed to aforesaid extent. However, there shall be no order as to costs. (R.M.CHHAYA, J) (RAJENDRA M. SAREEN,J) ALI ISTAYAK Page 2 of 2 Downloaded on : Fri Apr 30 10:56:32 IST 2021 Remankhan Belin v. State of Gujarat
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