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2025 DAILYLAW 45747 (ALL)

ANMOL GUPTA v. STATE OF U.P. AND 3 OTHERS

WTAX/1765/2025 · 2025-04-29

Arun Bhansali, Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:66996-DB Chief Justice's Court Case :- WRIT TAX No. - 1765 of 2025 Petitioner :- Anmol Gupta Respondent :- State Of U.P. and 3 others Counsel for Petitioner :- Imran Ali, Murtuza Ali, Yogendra Pratap Singh Counsel for Respondent :- Manoj Kumar Kushwaha, S.C. Hon'ble Arun Bhansali,Chief Justice Hon'ble Vikas Budhwar,J. 1. This writ petition has been filed by the petitioner aggrieved of the notice dated 11.04.2025 passed by the District Excise Officer, Kanpur Dehat, requiring the petitioner to respond to the earlier notice, as notice sent by the petitioner dated 08.02.2025 was not accepted. 2. Learned counsel for the petitioner submits that petitioner was earlier issued notice on 03.04.2025, pursuant to which the petitioner has taken action and filed response to the same, however, without considering the same/indicating deficiency therein, a fresh notice has been issued, which is not justified. 3. A perusal of the notice dated 11.04.2025 does indicate that the same does not contain any reasons. However, as the petitioner has already responded to the said notice by his response (Annexure-6), it is expected of the District Excise Officer, Kanpur Dehat, to provide an opportunity of hearing to the petitioner and thereafter, decide the same by way of speaking order and till such time, that order in this regard is passed, no coercive action shall be taken against the petitioner. 4. With the above directions, the petition stands disposed of. Order Date :- 30.4.2025 N.S.Rathour/RK (Vikas Budhwar, J) (Arun Bhansali, CJ) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad