Legal Challenge Overturned: Authority Must Reconsider Case with Proper Reasoning and Fair Opportunity for Petitioner's Defense

HC found the cancellation order invalid due to lack of reasoned consideration of the petitioner's reply. Despite appeal being time-barred, the court set aside the impugned orders and directed the authority to issue a fresh order, providing the petitioner an opportunity to present their case with proper judicial application of mind.

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Issues Involved:
The validity of the order cancelling the registration of the petitioner's proprietorship concern and the dismissal of the appeal against the cancellation order on the ground of limitation.

Validity of Cancellation Order:
The petitioner challenged the order cancelling the registration of M/s V.P. Construction, Lucknow, citing lack of consideration of the petitioner's reply dated 17.07.2022 in response to the show cause notice. The court noted that the cancellation order displayed a lack of application of mind by stating conflicting information regarding the petitioner's reply. It was emphasized that a judicial order must provide sufficient reasons, and the absence of such reasoning renders the order unsustainable in law.

Dismissal of Appeal on Ground of Limitation:
The appeal against the cancellation order was dismissed solely on the basis of being filed beyond the stipulated time limit. However, the court highlighted that while limitation may affect the appeal remedy, it does not impede the petitioner's right to seek constitutional remedy under Article 226 of the Constitution of India, especially when the impugned order impacts the petitioner's valuable rights and lacks proper justification.

Judgment:
The writ petition was disposed of, setting aside the orders dated 09.02.2022 and 12.02.2024. The Assistant Commissioner, Lucknow Sector 12, was directed to issue a fresh order considering the petitioner's submissions in the reply dated 17.07.2022. Additionally, the Respondent No.4 was granted the liberty to commence new proceedings, ensuring the petitioner's adequate opportunity to present their case and addressing any pleas raised by the petitioner.

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