Md. Mehar Ali vs The Union Of India And Ors
2021 Latest Caselaw 354 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.7877 of 2017
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Md. Mehar Ali S/o Late Abdul Barik R/o Village-Lohagara, P.O. and P.S.- Korhobari, District-Kishanganj, Bihar, Pin-855101.

... ... Petitioner/s Versus

1. The Union Of India through the Secretary, Ministry of Finance, Delhi

2. The Commissioner, Custom and Excise, Bhagalpur, Division (Bihar)

3. The Assistant Commissioner, Custom Preventive, Division Farbesganj, District-Araria.

4. The Commandant Seema Suraksha Bal (S.S.B.), Kishanganj

5. The Superintendent, LCS Galgali W.R.T. this Unit Case No. 102/15-16

6. The Superintendent (Disposal), Custom (P), Division, Farbesganj.

7. The Superintendent (ARC), Custom (P) Division, Farbesganj.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bakshi S.R.P. Sinha, Sr. Advocate Mr. Satish Kumar Sinha, Advocate For the Respondent/s : Mr. Anshuman Singh, Sr. S.C. Customs ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 27-01-2021

Petitioner has prayed for the following relief(s):

"(A) To quash the order dated 09.11.2016 passed by the respondents Assistant Commissioner, Custom (Preventive), Division Farbesganj, District- Araia, which been passed in violation of the principle of natural justice.

(B) To direct the respondent(s) to refund or Redemption Redemption fine of Rs. 70,000/- and penalty amount of Rs. 20,000/-

Patna High Court CWJC No.7877 of 2017 dt.27-01-2021

(Total-90,000/-) illegally imposed upon the petitioner without any valid reason with panel interest of 18%.

(C) To pass any other relief reliefs as may deem fit and proper in the facts and circumstances of the case."

After the matter was heard for some time, learned

counsel for the petitioner submits that petitioner shall be content

if a direction is issued to the concerned respondents to consider

and decide the appeal which the petitioner shall be filing for

redressal of the grievance(s).

As such, petition is disposed of with the direction

to the concerned respondent to consider and dispose of the

appeal so filed expeditiously and preferably within a period of

three months from the date of its filing along with a copy of this

order provided the petitioner fully co-operates in the

proceeding.

It is clarified that if such appeal is filed within eight

weeks, limitation shall not come in the way of adjudicating the

appeal.

Also it stands clarified that the proceedings, during

the time of current Pandemic- Covid-19, shall be conducted

through digital mode, unless the parties otherwise mutually

agree to meet in person i.e. physical mode.

Patna High Court CWJC No.7877 of 2017 dt.27-01-2021

Equally, liberty is reserved to the petitioner to take

recourse to such alternative remedies as are otherwise available

in accordance with law.

Needless to add, while considering such appeal,

principles of natural justice shall be followed and due

opportunity of hearing afforded to the parties.

Liberty reserved to the petitioner to approach the

Court, if the need so arises, subsequently on the same and

subsequent cause of action.

We have not expressed any opinion on merits.

The petition stands disposed of in the aforesaid

terms.

Interlocutory Application(s), if any, also stands

disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J)

K.C.Jha/-

AFR/NAFR
CAV DATE
Uploading Date          29.01.2021
Transmission Date