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2025 DAILYLAW 119668 (ALL)

M/S LABS N TABS TECH. PVT. LTD. THRU. DIRECTOR SRI DEVANK RASTOGI v. UNION OF INDIA THRU. MINISTRY OF COMMERCE AND INDUSTRY DEPTT. OF COMMERCE THRU. SECY. AND ANR.

WRIC/755/2025 · 2025-01-27

Attau Rahman Masoodi, Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:5268-DB Court No. - 1 Case :- WRIT - C No. - 755 of 2025 Petitioner :- M/S Labs N Tabs Tech. Pvt. Ltd. Thru. Director Sri Devank Rastogi Respondent :- Union Of India Thru. Ministry Of Commerce And Industry Deptt. Of Commerce Thru. Secy. And Anr. Counsel for Petitioner :- Sudeep Kumar,Avdhesh Kumar Pandey,Shreshth Srivastava Counsel for Respondent :- A.S.G.I. Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. Supplementary affidavit filed by the learned counsel for the petitioner is taken on record. Heard Shri Sudeep Kumar, learned counsel for the petitioner, Shri Surya Bhan Pandey, learned Deputy Solicitor General of India, assisted by Shri Devrishi Kumar for the opposite party no.1 and Shri Sharad Kumar Shukla, learned counsel appearing for the opposite party no.2. Learned counsel for the petitioner has argued that without affording opportunity of hearing to the petitioner, the impugned order dated 30.04.2024 (Annexure No.1 to the writ petition) has been passed by the opposite party No.2 against the petitioner, whereby the status of the petitioner as ‘seller’ on the GeM portal has been cancelled, which is not sustainable. Though learned counsel for the opposite party no.2 has justified the impugned action, on the basis of requiring some further requisite documents to be supplied to the competent authority but reply to the pointed question as to whether any show cause notice, before passing the impugned order, was granted to the petitioner or not, has not been satisfactorily explained. As per the averments made in the writ petition, the petitioner was duly issued the Vendor Assessment Certificate previously. Though it is open for the opposite parties to cancel the Certificate, but any action taken against the petitioner during the period of validity of the Certificate, the petitioner ought to have been afforded an opportunity of hearing. In view of above, we leave it open to the opposite parties to issue a fresh show cause notice to the petitioner calling upon him to meet the requisite criteria on account of which the certificate issued to him requires reassessment or re-validation. If any such show cause notice is issued to the petitioner within a period of fifteen days from today, the petitioner shall be at liberty to reply to the same within next fifteen days from the date of receipt of the show cause notice. On submission of the reply to the show cause notice by the petitioner within the time being stipulated in this order, the competent authority shall consider and decide the reply submitted by the petitioner expeditiously and preferably within a period of one month from the date of production of a certified copy of this order along with reply to the show cause notice. In these circumstances, the writ petition is allowed and the impugned order dated 30.04.2024 passed by the opposite party no.2 against the petitioner as contained in Annexure No.1 to the writ petition is set aside subject to the outcome of the fresh decision. The matter has been remitted back to the competent authority for considering the issue afresh. . (Subhash Vidyarthi, J.) (Attau Rahman Masoodi, J.) Order Date :- 27.1.2025 akhilesh/- Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench