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2019 (8) TMI 393

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..... ed to produce such documents which they deem appropriate. Petition allowed by way of remand.
MR. G.S. SISTANI AND MS. JYOTI SINGH JJ. Petitioner Through: Mr. Ankul Chandra Pradhan, Sr. Adv. with Mr. P.C. Patnaik, Advts. Respondents Through: Ms. Maninder Acharya, ASG with Mr. Ravi Prakash, CGSC, Mr. Farman Ali and Mr. Viplav Acharya, Advts. G.S. SISTANI, J. (ORAL) 1. Learned counsel appearing for the petitioner firm submits that the petitioner was awarded an Export House No.0006 on 22.01.2004 for achieving good export turnover. Consequently, plot bearing no.129G34/35 measuring 1290 square meters was allotted to the petitioner firm on 21.10.2004. Keeping in view the high export turnover, the office of the Development Commissioner vide .....

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..... r the petitioner, on instructions, submits that since the order of the appellate authority is not a reasoned order, the petitioner would be satisfied if one opportunity of hearing is granted to the petitioner to explain his case and thereafter, the appellate authority be directed to pass a reasoned order. Learned senior counsel further submits that in case the request so made is acceptable, he would not press the prayer made with regard to the challenge to the vires of the section 8 (2)(g), 8(6) & 8(7) of the Special Economic Zones Act 2005 (SEZ Act ) (28 of the 2005). 3. Learned Additional Solicitor General submits that this case has a chequered history as two writ petitions were filed earlier. In fact, the second writ petition was not ma .....

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..... orts made by the Petitioner:- SL.No. Details Letter of Approval issued (LOA) number issued LOA projected Target Export (INR) Cr. Actual Exports taken place by petitioner in (INR) Cr. Projected NFE (INR) Cr. NFE achieved In INR Cr. 1. 1546/10-3-2000 47.47 237.37 5.98 5.40 2. 8302/27-9-2005 47.47 230.12 5.98 9.43 3. 4104/28-5-/2010 98.00 NIL 1.65 NIL Total 192.94 Cr. 467.49 Cr. 13.62 Cr. 14.83 Cr. 7. We have heard the learned counsel for the parties. The basic facts which we have noticed above are not in dispute. Keeping in view the past record, the learned Senior Counsel for the petitioner has strongly urged before us that the order passed by the Appellate Court is extremely harsh. It has also been contended tha .....

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..... ngs on the submissions urged, it is not possible to know as to what led the court/tribunal/authority for reaching to such conclusion. (See State of Maharashtra v. Vithal Rao Pritirao Chawan [State of Maharashtra v. Vithal Rao Pritirao Chawan, (1981) 4 SCC 129 : 1981 SCC (Cri) 807] , Jawahar Lal Singh v. Naresh Singh[Jawahar Lal Singh v. Naresh Singh, (1987) 2 SCC 222 : 1987 SCC (Cri) 347] , State of U.P. v. Battan [State of U.P. v. Battan, (2001) 10 SCC 607 : 2003 SCC (Cri) 639] , Raj Kishore Jha v. State of Bihar [Raj Kishore Jha v. State of Bihar, (2003) 11 SCC 519 : 2004 SCC (Cri) 212] and State of Orissa v. Dhaniram Luhar [State of Orissa v. Dhaniram Luhar, (2004) 5 SCC 568 : (2008) 2 SCC (Cri) 49] .)" (emphasis added) 10. Reading of .....

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