Not Provided Reasonable Opportunity Liable to set aside Show Cause Notice

M/s TELANGANA RECYCLING PRIVATE LIMITED

Vs.

THE STATE OF TELANGANA

WRIT PETITION No. 15018 of 2025 

HIGH COURT: Telangana

DATED: 07.05.2025

Citation: 2025 Taxo.Online 739

Court set aside show-cause notice and cancellation order and highlights necessity for quasi-judicial authorities to adhere to principles of fairness and clarity in proceedings

Cancellation of registration – Violation of principles of natural justice – Retrospective cancellation – Inadequate opportunity to respond – Notice issued on ground commodities mentioned in e-way bills did not match with registrations – Cancellation based on petitioner failed to respond to show-cause notice – Apex Court in Oryx Fisheries Pvt., Ltd., Vs. Union of India & Others(2010 taxo.online 20) establishes quasi-judicial authorities must act fairly and provide clear charges to individuals ensuring they have reasonable opportunity to defend themselves if authority fails to do so proceedings can be deemed unfair and invalid

Held: Writ petition allowed – Cancellation order set aside – Respondents at liberty to proceed against petitioner by issuing fresh show-cause notice clearly stating specific charges against petitioner to enable petitioner to submit explanation with respect to allegations made against petitioner.

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