(M.R. Shah and B.V. Nagarathna, JJ.)
Union of India _____________________________________ Appellant;
v.
G.M. Foods and Others __________________________ Respondent(s).
Civil Appeal No. of 2022 (@ Special Leave Petition (C) No. 26195/2015), decided on August 26, 2022
The Order of the court was delivered by
Order
1. Leave granted.
2. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 02-02-2015 passed by the High Court of Calcutta in WP No. 44/2015, by which the Division Bench of the High Court has allowed the said writ petition preferred by respondent nos. 1 and 2 before the High Court, the Revenue has preferred the present appeal.
3. As per the office report, service of notice upon respondents is complete, but none has appeared on their behalf.
4. Shri N. Venkataraman, learned ASG appearing on behalf of the Revenue has vehemently submitted that the impugned judgment and order passed by the High Court allowing the writ petition is without giving any opportunity to the Revenue and no notice was issued upon the Union of India and others.
5. Considering the fact that the impugned judgment and order passed by the Division Bench of the High Court is without any notice to the Union of India and others and thereby without giving any opportunity to the Union of India and others, the same can be said to be in violation of the principle of natural justice and, therefore, on the aforesaid ground alone, the impugned judgment and order passed by the High Court is to be quashed and set aside and the matter is to be remanded to High Court to decide the writ petition afresh in accordance with law and on its own merits and after giving an opportunity to all concerned including the appellant herein.
6. In view of the above and for the reasons stated hereinabove, the present appeal succeeds. The impugned judgment and order passed by the High Court in violation of principle of natural justice is hereby quashed and set aside. The matter is remanded to High Court to decide and dispose of the writ petition in accordance with law and on its own merits and after giving an opportunity to all concerned including the appellant herein.
7. The Appeal is accordingly allowed to the aforesaid extent. No costs.
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