2016 (9) TMI 1346

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..... estrained the petitioner from challenging the Order-in-Original by preferring the petition under Article 226 of the Constitution of India - it is for the concerned Court to consider whether despite the statutory remedy of appeal before the appellate authority challenging the Order-in-Original, still the Court would like to entertain Special Civil Application in exercise of powers under Article 226 .....

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..... 62 for the reasons stated in the Memo of Application and in the interest of justice. 2. Heard Mr. Oza, learned advocate appearing on behalf of the applicant. 3. At the outset, it is required to be noted that when the applicant herein - original petitioner earlier preferred petition being Special Civil Application No. 10744 of 2016 and also challenged the constitutional validity of Section 1 .....

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..... ed that the petitioner can challenge the Order-in-Original only before the appropriate authority and the petitioner may not prefer petition under Article 226 of the Constitution of India. Our order is very clear. Despite the above, it is clarified that while permitting the applicant herein - original petitioner to withdraw the main Special Civil Application with above liberty, we have not specific .....

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