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Issues:
1. Delay in disposing of the stay application by the 1st respondent. 2. Order of detention issued by the 2nd respondent. 3. Praying for a writ of mandamus to direct the respondents not to proceed with the order of adjudication and detention order. Detailed Analysis: The petitioner filed an appeal and a stay application under Section 35-F of the Central Excises and Salt Act, 1944, against an order of adjudication by the Assistant Commissioner of Central Excise. The petitioner sought relief from the High Court due to the delay in the 1st respondent's decision on the stay application, causing prejudice as the 2nd respondent issued a detention order during this period. The petitioner requested a writ of mandamus to prevent further action based on the adjudication and detention orders. The petitioner's counsel argued that the 1st respondent should have exercised discretion and made a decision on the stay application promptly, emphasizing the prejudice caused by the delay. On the other hand, the respondents' counsel cited a previous court decision where a similar stay request was denied, suggesting the dismissal of the current writ petition. The High Court acknowledged the delay in disposing of the stay application by the 1st respondent for over four months, indicating a failure to exercise jurisdiction under Section 35-F. The court emphasized that statutory authorities should not allow mistakes or inaction to harm citizens' rights. Citing a precedent from the Allahabad High Court, the court highlighted the importance of timely decision-making to prevent undue hardship and loss to the petitioner. Drawing a distinction from the case cited by the respondents' counsel, where the appellate authority had scheduled a hearing for the stay petition, the High Court concluded that the current situation involved a clear case of non-exercise of jurisdiction. Consequently, the court directed the 1st respondent to decide on the stay petition within one month and instructed the 2nd respondent to refrain from further action based on the detention order until the 1st respondent's decision. The writ petition was disposed of accordingly, with no costs imposed on either party.
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