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2016 (10) TMI 1089 - HC - CustomsSeizure of 16 MT of dry betel nuts - grievance of petitioner is that despite the order dated 5-11-2015 of this Court in WP(C) No. 329 of 2014, the concerned authority has not considered the preliminary issues and the matter is sought to be taken up for final hearing without the decision of preliminary issues by the competent authority - Held that: - The conclusion of the letter dated 10-5-2016, effectively nullifies the decision, if at all taken by the Assistant Commissioner. Moreover, when it had been an admitted position that the adjudication was to be carried out by some other authority who would be competent to deal with the matter, we find it rather unjustified that the preliminary issues were sought to be dealt with by the Assistant Commissioner at all. When we have enquired if any date has been fixed by the competent authority for further proceeding in the matter, learned counsel Mr. N. Mozika, after taking instructions, submits that no further date after 15-9-2016 has been fixed - this writ petition is disposed of at this stage itself with the observations foregoing and with directions that the petitioner shall appear before the concerned Additional Commissioner on 9-11-2016 - petition allowed by way of remand.
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