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1995 DIGILAW 669 (ALL)

RAVI ELECTRICALS v. UNION OF INDIA

1995-07-06

B.M.LAL, M.C.AGARWAL

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( 1 ) HEARD Shri V. B. Upadhya, learned Senior Counsel for the petitioner. None appears for the respondents - the Union of India and the Superintendent of Central Excise, Varanasi. ( 2 ) BY this petition, the petitioner seeks a writ order or direction in the nature of cerliorari quashing the impugned order dated 17-10-1979 passed by the Superintendent of Central Excise, varanasi (respondent No. 2 ). The impugned order is contained in Annexure 11 to this petition. ( 3 ) WITHOUT entering into the merits of the case, at the very outset we may point out that the superintendent of Central Excise while exercising its quasi-judicial power under the Central excise Act has passed the impugned order dated 17-10-1979 contained in Annexure 11 to this petition without assigning any reason as to how the petitioner is not entitled for the benefit of exemption. The order passed is in a very cryptic manner and is non-speaking assigning no reason for arriving at the decision. Thus on this score alone the impugned order contained in Annexure 11 to this petition deserves to be set aside. ( 4 ) CONSEQUENTLY the impugned order dated 17-10-1979 is quashed and the case is remanded to the authority concerned to decide it after affording a reasonable opportunity of being heard to the parties expeditiously in accordance with law. The stay order dated 13-11-1979 stands vacated. .