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2014 (8) TMI 844

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..... rely on the Standing Order and not the Customs Act 1962. In the attempt that the Respondent No.1 is allegedly making, the Petitioner is not prevented from pointing out not only section 14 of the Customs Act but the judgment of the Hon'ble Supreme Court which has been relied upon by the learned Sr. Counsel. When such course is open and once the matter has been brought before us at a stage when there is no adjudication, then we are afraid, writ jurisdiction cannot be exercised. We refrain from entertaining these petitions simply because the Petitioner has alternate and efficacious remedy in terms of the Customs Act 1962. Once there are disputed questions of fact, writ petitions under Article 226 of the Constitution of India cannot be enterta .....

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..... sed by the Respondent No.1 in terms of the provisions of the said standing Order. The Petitioner claims that the Respondent No.1 did not adhere to or follow the mandate of the Customs Act and the Rules. 4. Before us, an attempt has been made to show as to how the purported stand of the Respondent No.1 is contrary to the legal provisions noticed above. Reliance is placed upon the judgment of the Hon'ble Supreme Court in the case of Varsha Plastics Pvt.Ltd. And anr. v/s Union of India and others, reported in (2009) 3 SCC 365. 5. Upon careful perusal of the Petitions, what we find is that the Petitioner is relying upon the events that have occurred during the course they attempted to clear the goods. They have relied upon some stand .....

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..... s allegedly making, the Petitioner is not prevented from pointing out not only section 14 of the Customs Act but the judgment of the Hon'ble Supreme Court which has been relied upon by the learned Sr. Counsel. When such course is open and once the matter has been brought before us at a stage when there is no adjudication, then we are afraid, writ jurisdiction cannot be exercised. We refrain from entertaining these petitions simply because the Petitioner has alternate and efficacious remedy in terms of the Customs Act 1962. Once there are disputed questions of fact, writ petitions under Article 226 of the Constitution of India cannot be entertained. We cannot preempt any adjudication. Writ Petitions are dismissed with no order as to cost .....

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