2018 (12) TMI 1943

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....rag Gharote, Chritarth Palli and Monica Hasija, Advs. For the Respondents : Ghanshyam Singh, Gauri Shankar Maurya, Rajnish Kumar Jha and Vijay, Advs. JUDGMENT Abhay Manohar Sapre, J. 1. Leave granted. 2. This appeal is directed against the final judgment and order dated 12.07.2018 passed by the High Court of Judicature at Allahabad, Bench at Lucknow in Writ Petition No. 3476 of 2007....

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....te, Mishrit cancelled the license of Respondent No. 1 in relation to the shop in question and, therefore, he filed appeals before the Commissioner, Lucknow Division, Lucknow. 6. By order dated 07.06.2007, the Commissioner dismissed the appeals, therefore, Respondent No. 1 filed a writ petition before the High Court of Judicature at Allahabad, Bench at Lucknow. 7. By impugned order, the High ....

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....'s writ petition. 11. Having heard the learned Counsel for the parties and on perusal of the record of the case, we are inclined to allow the appeal and remand the case to the Commissioner for deciding the appeals afresh on merits after hearing the Appellant, Respondent No. 1 and State (concerned department). 12. In our considered opinion, the High Court having held that the order of the....

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....ommissioner could record any finding on the merits and nor the High Court. It is for this reason, we are inclined to prefer the second option and while giving effect to the impugned order remand the case (appeal) to the Commissioner to enable him to examine the merits of the case in accordance with law. 14. In view of the foregoing discussion, the appeal succeeds and is accordingly allowed in p....