Chattisgarh High Court
Naval Kishore Dewangan vs State Of Chhattisgarh 25 Wppil/57/2015 ... on 12 March, 2019
Author: Prashant Kumar Mishra
Bench: Prashant Kumar Mishra
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPT No. 244 of 2018
Naval Kishore Dewangan S/o Late Shri Ramgopal Dewangan Aged
About 36 Years, Caste Dewangan, R/o 102, R. S. Marg, Rani Road
Town School, Champa, District Janjgir Champa, Chhattisgarh.
Through Power Of Attorney Holder Kamal Kishore Dewangan, S/o
Late Shri Ramgopal Dewangan, Aged About 33 Years. Caste
Dewangan, R/o 102 R. S. Marg, Rani Road Town School, Champa,
District Janjgir- Champa, Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh Through Its Secretary, Department Of
Transport, Mahanadi Bhawan, New Mantralaya, Naya Raipur, District
Raipur, Chhattisgarh.
2. Regional Transport Officer/ Taxation Authority Raipur, District Raipur,
Chhattisgarh.
---- Respondent
For Petitioner : Shri Shailendra Bajpai, Advocate. For Respondents : Shri Sudeep Verma, Deputy GA.
Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 12/03/2019 :
1. Perusal of the impugned order, particularly, para-4 thereof would indicate that notice of the proceeding was not served on the petitioner.
Therefore, the impugned order is set aside on the ground of violation of principles of natural justice.
2. Let the authority pass fresh order after providing opportunity of hearing to the petitioner. Needless to say, after quashing of the 2 impugned order, the impugned recovery is not executable against the petitioner. It is made clear that this Court has not expressed any opinion on the merits of the case and the parties would be at liberty to raise all the grounds, both factual and legal, before the Taxation Officer.
3. In view of the above, the Writ Petition stands disposed of.
Sd/-
Judge (Prashant Kumar Mishra) Barve