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2017 (2) TMI 89 - HC - CustomsMaintainability of petition - prayer for rehear and dispose of the matter once again on merits after affording an opportunity of personal hearing and considering the EODC already furnished by the petitioner - Held that: - when the statute provides for filing an appeal against the order in original, the same cannot be challenged by filing a writ petition, by way of short circuiting the procedures. Needless to say that the appellate authority being a fact finding authority as well, will have to consider all aspects and decide the appeal. Therefore, the petitioner should go only before the appellate authority and raise all the contentions, including the reference to the events which had taken place subsequent to the passing of the impugned order - petition dismissed, being not maintainable.
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