9911796707
TMI Blog2015 (10) TMI 1723X X X X Extracts X X X X X X X X Extracts X X X X ..... d without holding any enquiry - Held that:- Administrative orders which affects the rights of a party can be passed only by following the principles of natural justice - Liberty granted to Respondent to pass fresh order giving an opportunity to petitioner of being heard - Impugned order set aside - Decision made in case of A.M.Ahamed and Co .vs. Commissioner of Customs, Tuticorin [2013 (6) TMI 91 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... parties, it is brought to the notice of this Court that in similar circumstances, this Court allowed Writ Petition, setting aside the impugned order. 4. As the learned counsel for the Petitioner has also pleaded before this Court that the impugned order is in violation of principles of natural justice and without issuing any show-cause notice and without holding any enquiry, the principles laid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le in law. 7. The Writ Petition accordingly is allowed. The impugned order is set aside. However, liberty is granted to the respondent to pass fresh order in accordance with law, after giving an opportunity of hearing to the Petitioner. 5. The same principle is reiterated in Shipping and Clearing (Agents) Private Limited. vs. Union of India reported in 2014 (308) ELT 45 (Cal) and it is relev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of miscarriage of justice.? 6. Since the order impugned is passed without affording an opportunity of hearing and the allegations as indicated in the impugned order does not appear to this Court to be so emergent and exceptional where the order of prohibition is inevitable. 7. This Court, therefore, finds that the said order suffers for violation of principles of natural justice and can ..... X X X X Extracts X X X X X X X X Extracts X X X X
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