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2024 Supreme(All) 1770

SHEKHAR B. SARAF
Hari Om General Store Proprietor Ghan Shyam Kesari – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
For the Petitioner: Devendra Pratap Singh, Rishi Tandon
For the Respondent: C.S.C.

JUDGMENT

Shekhar B. Saraf, J.

Heard Sri. Rishi Tandon, learned counsel for the petitioner and Sri. Ravi Shanker Pandey, learned Additional Chief Standing Counsel for the State.

2. This is a writ petition under Article 226 of the Constitution of India, wherein the petitioner challenges the order in original for cancellation of registration dated June 10, 2022 and the order dated July 27, 2023 passed in appeal under Section 107 of the Uttar Pradesh Goods and Services Tax Act, 2017 (hereinafter referred to as "the Act").

3. Learned counsel appearing on behalf of the petitioner submitted that the order for cancellation of registration has been passed without any application of mind whatsoever and the same is clear from the very first two lines of the order dated June 10, 2022. The relevant part of the said order is quoted below:

    "This has reference to your reply dated 08/06/2022 in response to the notice to show cause dated 30/5/2022 Whereas no reply to notice to show cause has been submitted"

4. Learned counsel appearing on behalf of the petitioner submits that in the first line, the order states that a reply was filed by the petitioner on June 8, 2022 whereas the second line contradic

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