9911796707
TMI Blog2022 (7) TMI 806X X X X Extracts X X X X X X X X Extracts X X X X ..... imit prescribed for preferring appeal has expired in the meantime, it is not in dispute that this writ petition was filed on March 22, 2022, that is, well within the prescribed time limit for preferring such appeal. The appeal is preferred by the petitioners the appellate authority shall dispose of the same as expeditiously as possible, but positively within a period of fortnight from the date of filing of such appeal after giving an opportunity of hearing to the petitioner or his authorized representative - Petition disposed off. - W.P.A. 721 OF 2022 - - - Dated:- 13-7-2022 - HIRANMAY BHATTACHARYYA , J. For the Petitioners : Ms. Rita Mukherjee, Mr. Abhijit Das. Mr. Rowsan Kr. Jha, Mr. Santosh Kr. Mandal. For the State : M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the vehicle released. She submits that a direction may be passed upon the respondent authority to release the vehicle including the goods in question upon accepting the said penalty as and by way of interim relief. Mr. Ghosh learned advocate appears for the State and raises a preliminary objection with regard to the maintainability of this writ petition in view of existence of alternative efficacious appellate remedy available under the Statute. He submits that the petitioner has to approach the appellate authority and to claim release of the vehicle and the goods in question from such authority in accordance with law. He further submits that there is a dispute as to whether the petitioner no.1 is the owner of the goods in question. He ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing such appeal. This writ petition was also pending before this Court for some time for which the petitioners cannot be faulted with. Thus, this Court of the considered view that the petitioners will be entitled to the benefit of the period during which this writ petition was pending. Since Ms. Mukherjee, learned advocate for the petitioners submits that an appeal will be preferred within a period of one week from this date, this Court direct the Appellate Authority to accept the same. In that case such appeal can be said to be filed within the period of limitation after excluding the time spent in disposing of the writ petition. The Appellate Authority shall not dismiss the appeal filed in terms of the order on the ground of limitat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peal, if any, preferred by the petitioner will be assigned to an officer of the same rank having the powers and jurisdiction to decide such appeal excepting Mr. Mukhopadhyay. Taking note of such submission of Mr. Ghosh, this Court refrains from making any observation with regard to the aforesaid submission of Ms. Mukherjee. Before parting with it is made clear that this Court has not entered into the merits of the claims and counter claims of the respective parties. With the above directions the writ petition being WPA 721 of 2022 stands disposed of without, however, any order as to costs. Urgent Photostat certified copy of this order, if applied for, be supplied to the learned advocates appearing for the parties on compliance of a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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