2017 (7) TMI 1292 - HC - Customs

Permission to withdraw the appeal - Principles of natural justice - validity of SCN - HELD THAT - It was not disputed by the learned counsel for the petitioner that the impugned order (Annexure P-7) is appealable and accordingly, a prayer was made that he may be allowed to withdraw the present writ petition with liberty to the petitioner to approach the appellate authority. Appeal dismissed as withdrawn.

Summary

Issues:
Challenge to order under Articles 226 & 227 - Violation of natural justice - Misuse of power - Appealability of impugned order - Withdrawal of writ petition with liberty to approach appellate authority.

Analysis:
The judgment pertains to a writ petition filed under Articles 226 & 227 of the Constitution of India challenging the order dated 30.03.2017 passed by the respondent. The petitioner alleged that the impugned order was in violation of the principles of natural justice and constituted a gross misuse of power. The learned counsel for the petitioner acknowledged that the impugned order was appealable. Consequently, the petitioner sought permission to withdraw the writ petition with the liberty to approach the appellate authority. The Court, in response to the request, dismissed the petition as withdrawn. However, the Court granted the petitioner the freedom to avail of any available remedies in accordance with the law.

This judgment highlights the importance of adherence to natural justice principles and the right to appeal against orders that are subject to appeal. The Court's decision to allow the withdrawal of the writ petition with the liberty to approach the appellate authority underscores the procedural fairness and the recognition of the petitioner's right to seek redress through the appropriate legal channels. The ruling serves as a reminder of the significance of due process and the availability of legal remedies to address grievances arising from administrative or judicial actions.