M/S R.S.M. Supply And Contractor ... vs Union Of India
2022 Latest Caselaw 146 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.11633 of 2021

     ======================================================

1. M/s R.S.M. Supply and Contractor Firm through its Proprietor Ramesh Saikia aged about 39 years, Male, Son of Shri Bishwanath Pal, Office at No- 12, Ulubari, Guwahati, Kamprup Metropolitan, Assam- 781007 and Resident of Village- Adhakhana Kamalabaria, P.S.- Bihpuria, Sub Division- North Lakhimpur, District Lakhimpur, Assam.

2. M/s Bishal Roadways, 236, Don Bosco Road, Mangaldoi Gaon, Darrang, Assam, through its Proprietor Sahidul Alam, aged about 37 years, Male, S/o Rustam Ali, Resident of 236, Mangaldai, Near Masjid, Mangaldai Gaon, Darrang, Assam- 784125.

... ... Petitioner/s Versus

1. Union of India through the Commissioner of Customs (Prev), Patna, 5th Floor, Kendriya Rajaswa Bhawan, Bir Chand Patel Path, Patna- 800001.

2. The Additional/Joint Commissioner of Customs (Prev) Hqrs, Patna, 5th Floor, Kendriya Rajaswa Bhawan, Bir Chand Patel Path, Patna- 800001.

3. The Assistant Commissioner, Customs (Prev) Division, Muzaffarpur, Imlichatti, Muzaffarpur, 2nd Floor, Customs Building, Muzaffarpur- 842001.

4. The Superintendent (Prev), Customs (Prev) Division, Muzaffarpur, Imlichatti, Muzaffarpur, 2nd Floor, Customs Building, Muzaffarpur- 842001.

5. The Inspector (Prev), Customs (Prev) Division, Muzaffarpur, Imlichatti, Muzaffarpur, 2nd Floor, Customs Building, Muzaffarpur- 842001.

... ... Respondent/s

====================================================== Appearance :

For the Petitioner/s : Mr. Amit Pandey, Advocate For the Respondent/s : Mr. (Dr.) K.N. Singh, ASG Shri Anshuman Singh, Advocate ====================================================== Patna High Court CWJC No.11633 of 2021 dt.05-01-2022

CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

(The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.)

Date : 05-01-2022

Heard learned counsel for the parties.

Petitioners have prayed for the following relief/s :- Patna High Court CWJC No.11633 of 2021 dt.05-01-2022

Patna High Court CWJC No.11633 of 2021 dt.05-01-2022

It is the grievance of the petitioners that the

petitioners' application for interim release of the seized goods

has yet not been decided.

The petition, as prayed for by Shri Amit Pandey,

learned counsel for the petitioners, can be disposed of with a

direction to the appropriate authority to consider and decide the

said application for interim release of seized goods in

accordance with law.

Learned Additional Solicitor General states that

the petitioners' application for interim release of seized

goods shall be positively considered and decided

expeditiously and preferably within a period of four weeks

from the date of presentation of a copy of this order before

the authority concerned.

Statement accepted and taken on record.

As such, petition stands disposed of in the

following terms:-

(a) Petitioners will make himself/themselves

available in the office of concerned respondent on 17 th of

January, 2022 along with a copy of this order;

(b) The said respondent shall consider and

dispose of the petitioners' application expeditiously by a Patna High Court CWJC No.11633 of 2021 dt.05-01-2022

reasoned and speaking order preferably within a period of

four weeks from the date of appearance of the petitioners

before him along with a copy of this order;

(c) Needless to add, while considering such

application, principles of natural justice shall be followed

and due opportunity of hearing afforded to the parties;

(d) Also, the reasoned and speaking order passed

by the appropriate authority shall be supplied to the parties;

(e) Equally, liberty is reserved to the petitioners

to take recourse to such alternative remedies as are otherwise

available in accordance with law;

(f) We are hopeful that as and when petitioners

take recourse to such remedies, as are otherwise available in

law, before the appropriate forum, the same shall be dealt

with, in accordance with law and with reasonable dispatch;

(g) Liberty reserved to the petitioners to

challenge the order before the appropriate forum, should the

need so rise subsequently;

(h) We have not expressed any opinion on

merits. All issues are left open;

The petition stands disposed of in the aforesaid

terms.

Patna High Court CWJC No.11633 of 2021 dt.05-01-2022

Interlocutory Application(s), if any, stands

disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J)

Ashwini/K.C.Jha AFR/NAFR CAV DATE Uploading Date 07.01.2022 Transmission Date