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TMI Blog2024 (9) TMI 232X X X X Extracts X X X X X X X X Extracts X X X X ..... in a period of two weeks from date, the proper officer having regard to the deposit made by the petitioner and in the peculiar facts of the case shall decide the matter afresh by giving an opportunity of hearing to the petitioner. The petitioner shall be at liberty to rely on additional documents. The deposit made by the petitioner shall be retained to the credit of the proceeding till a fresh decision is taken by the proper officer. The writ petition is disposed of. - RAJA BASU CHOWDHURY, J. For the Petitioners : Mr. Sakya Sen Mr. Avra Mazumder Ms. Alisha Das Mr. Suman Bhowmik Mr. Sunil Kumar Gupta Mr. Samrat Das Ms. Elina Dey Mr. Sourendra Nath Banerjee. For the State : Mr. Anirban Ray, Ld.GP Mr. T. M. Siddiqui Mr. Tanoy Chakraborty Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bmits that although, the petitioner was granted time till 15th January, 2024 to respond to the show cause, the personal hearing was offered on 5th January, 2024. 7. According to Mr. Sen, ordinarily, the personal hearing is granted to elucidate the response. In this case since, an opportunity of hearing was given prior to 15th January, 2024, the same does not constitute appropriate opportunity. 8. According to him, the aforesaid order has been passed in violation of the provisions contained in Section 75 (4) of the said Act. 9. He submits that in the facts as noted hereinabove, the order impugned should be set aside and the matter should be remanded to the proper officer for re-adjudication. 10. Mr. Chakraborty, learned advocate appearing on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the petitioner s advocate and the petitioner s claim that the above letter was without authorization, this Court by an order dated 22nd August, 2024 had directed the petitioner to serve a copy of the writ petition on the erstwhile advocate of the petitioner. 15. Pursuant to the aforesaid direction, the erstwhile advocate has appeared and is represented in Court today. It is submitted on his behalf that there had been communication gap, which led to issuance of the letter dated 12th March, 2024 and the recording that the case should be closed on the basis of materials on record. 16. Having heard to the petitioner s advocate, having taken note of his aforesaid stand, and in the peculiar facts of the case, I am of the view that the proper ..... X X X X Extracts X X X X X X X X Extracts X X X X
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