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2010 (12) TMI 945 - HC - CustomsConfiscation - Cancellation of licence - violation of principles of natural justice - maintainability of the writ petition - Held that:- The principle is well established that no writ would ordinarily lie if there is an effective and efficacious alternative remedy provided by the statute itself - Where the aggrieved party has an alternative remedy the High Court would be slow to entertain a petition challenging an order of a taxing authority, which is ex fade with jurisdiction - thus the High Court was right in dismissing the writ petition directing the Appellant to avail the statutory alternative remedy - it is well-settled that writ jurisdiction is discretionary jurisdiction and when there is an alternative remedy, ordinarily a party must resort to that remedy first before approaching this Court Regarding cancellation of licence - Held that:- There is no dispute that while submitting explanation to the Show Cause Notice, the Petitioner did ask for personal hearing & there is no dispute that in response thereto the Respondent gave personal hearing on 19th March, 2010 when the Petitioner's sales executive Sri G.V.S. Kondala Rao appeared - The Adjudicating Authority granted more than three adjournments and when none appeared on 16th September, 2010, on behalf of the company, the incumbent Commissioner passed the impugned order. Thus it convincing that "reasonable opportunity" was not denied to the Petitioner. Alleged denial of natural justice is not reason enough to bypass the alternative remedy and approach this Court. As it is within the discretion of the High Court whether to exercise the jurisdiction or not. In this case, it is not a case where discretion under Article 226 of Constitution ignoring Section 122A of the Customs Act is to be exercised - writ petition is dismissed
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