LAWS(PAT)-2023-5-66

KIRLOSKAR BROTHERS LIMITED Vs. STATE OF BIHAR

Decided On May 18, 2023
KIRLOSKAR BROTHERS LIMITED Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsels for the parties.

(2.) In the instant petition, petitioner has prayed for following reliefs:

(3.) One of the contention raised by the petitioner is that impugned action dtd. 27/7/2015 is without hearing the petitioner. In this regard, learned counsel for the petitioner submitted that no doubt notice was prepared on 26/5/2015. However, the same has not been communicated to the petitioner. In this regard, the petitioner has specifically contended in his pleading at Para 19. However, the same has been countered by the concerned respondent stating that notice was sent to his address, but in support of Para 35 to the counter affidavit no material information has been placed, like extract of dispatch register or registered post acknowledgment so as to apprise this Court notice dtd. 26/5/2015 or 31/5/2015 stated to have been communicated to the petitioner in the manner known to the law. In view of above facts and circumstances, petitioner has made out a case so as to interfere with the impugned orders date 27/7/2015 and 28/12/2015 (Annexure-1 series). Accordingly, they are set aside. The matter is remanded to the concerned authority to proceed in accordance with law.