2021 (1) TMI 1104 - HC - Customs

Maintainability of petition - no notice of personal hearing provided - HELD THAT - A reply has been filed to the show cause notice as early as on 23.08.2010 and thereafter, no further proceedings have been initiated by the respondent. The petitioner has also not bothered to appear before the respondents or seek a clarification with regard to what has transpired thereafter. Even without approaching the respondent by way of a representation or a letter seeking clarity in the matter, the petitioner has approached this Court seeking a certiorari of the show cause notice, which is more than a decade old. Moreover, there appears to be absolutely no trigger for the present Writ Petition and no notice of personal hearing or any other communication has been received after the show cause notice issued in August, 2010 - there is no cause of action at this juncture to justify this Writ Petition - Petition dismissed.

Summary

The petitioner sought a Writ of Certiorari for records related to a Show Cause Notice dated 10.08.2010. A reply was filed in 2010, but no further proceedings were initiated. The petitioner did not seek clarification from the respondent. The court found no cause of action for the Writ Petition and dismissed it.