Chandi Rana vs Union Of India And Ors
2024 Latest Caselaw 1227 Cal/2

Calcutta High Court

Chandi Rana vs Union Of India And Ors on 1 April, 2024

Author: Md. Nizamuddin

Bench: Md. Nizamuddin

OD -4

                                ORDER SHEET

                               WPO/123/2024
                     IN THE HIGH COURT AT CALCUTTA
                    CONSTITUTIONAL WRIT JURISDICTION
                              ORIGINAL SIDE

                              CHANDI RANA
                                   VS
                         UNION OF INDIA AND ORS

  BEFORE:
  The Hon'ble JUSTICE MD. NIZAMUDDIN
  Date: 1st April, 2024.

                                                               Appearance:
                                                Mr. Biswajit Mukherjee, Adv.
                                                 Mr. Soumyajit Mishra, Adv.
                                                         ...For the Petitioner

                                                       Mr. Aryak Dutt, Adv.
                                              Mr. Soumen Bhattacharya, Adv.
                                                      ...for respondent no. 1

Mr. K.K. Maiti, Adv.

Mr. Tapan Bhanja,Adv.

...for the Customs Authority

The Court: Both the parties are relying on several judgments of the

different High Courts having conflict view.

Mr. Maiti relies on an order of the Hon'ble Supreme Court on the

similar issue involve arising out of a judgment of the Hon'ble Punjab and

Haryana High Court and points out that the judgment upon which

petitioner has relied before the adjudicating authority was also considered

by the Punjab and Haryana High Court and in such circumstances,

allegation of non-consideration of the judgment relied upon by the

petitioner, does not survive, since it has already been subject matter of

consideration before the Pubjab and Haryana High Court whether directly or

indirectly and is pending before the Hon'ble Supreme Court. In addition he

submits that the impugned order is an appealable order under the statute.

Learned advocate representing the petitioner shall consider the

contention of the respondents which is recorded hereinabove.

List this matter for further consideration on 3rd April, 2024.

(MD. NIZAMUDDIN, J.)

TR/