Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2021 (1) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (1) TMI 1163 - HC - Indian LawsSeeking withdrawal of SLP - time limitation - HELD THAT - This writ petition is dismissed as withdrawn with a liberty to the petitioner to file a fresh writ petition to the extent the law permits him. Further, considering the fact that the commodities involved in the appeal before the appellate authority are perishable commodities, the appellate authority is directed to dispose of the appeal at the earliest but not later than one month from the date of receipt of a copy of this order.
Issues Involved:
1. Withdrawal of writ petition with liberty to file a fresh petition. 2. Direction to dispose of appeal involving perishable commodities within a timeframe. Analysis: 1. Withdrawal of Writ Petition: The petitioner, represented by Sri N. Sai Phanindra Kumar, sought to withdraw the writ petition as the Department had filed an appeal before the Commissioner of Appeals, Customs Department, Guntur. The petitioner expressed intent to appear in the appeal and argue the matter. The petitioner requested the court for permission to withdraw the writ petition on these grounds. The court, after considering the submissions, dismissed the writ petition as withdrawn but granted the petitioner liberty to file a fresh writ petition in the future if a cause of action arises on the same subject matter. 2. Direction to Dispose of Appeal: The learned Senior Counsel for respondents, Sri M.V.J.K. Kumar, raised no objections to the petitioner's request for withdrawal. The court, in its order, directed the appellate authority to dispose of the appeal involving Green Peas and Yellow Peas - which are perishable commodities - at the earliest. The appellate authority was mandated to conclude the appeal within a specific timeframe, not later than one month from the date of receipt of the court's order. This direction aimed to ensure timely resolution of the appeal concerning perishable goods, emphasizing the importance of expeditious decision-making in such cases. In conclusion, the judgment by the Andhra Pradesh High Court addressed the withdrawal of a writ petition with liberty to file a fresh petition in the future. Additionally, the court issued a directive for the prompt disposal of an appeal involving perishable commodities, emphasizing the need for timely resolution in such matters. The judgment highlighted the importance of efficient legal proceedings, especially when dealing with time-sensitive issues like perishable goods.
|