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2021 (11) TMI 1064 - HC - CustomsInvocation of Writ Jurisdiction - invocation on the ground that the impugned order has been passed by an officer who lacks jurisdiction - breach of principles of natural justice - HELD THAT:- It is not a case where the petitioners were never afforded an opportunity of hearing. From para 9 (nine) of the writ petition, it is found that notice was issued to the petitioners but their grievance is that time given to appear and represent their case was not sufficient. A distinction has to be made between a case where an order is passed "without notice"/"without opportunity" and a case where an order is passed "without proper notice"/"without reasonable opportunity". Since the case of the petitioner does not fall within the first category, it is not a clear case of breach of the audi alteram partem rule. The other point raised by Mr. Pathak is that the reply to the show-cause notice has not been dealt with appropriately - HELD THAT:- We do not see reason to hold that this, by itself, would constitute violation of principles of natural justice so as to derail the procedure prescribed by the Act for redressal of grievances against an order passed by the adjudicating authority. There are no reason to entertain this writ petition - petition dismissed.
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