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2020 (1) TMI 313 - HC - CustomsDisposal of petition - petitioner is aggrieved with the disposing off the writ petition with a liberty to the petitioner to approach the appropriate forum - appellant contends that the question of approaching the appropriate forum would not arise for consideration and the writ petition has to be decided on merits - HELD THAT:- There are no grounds to interfere in this appeal. During the pendency of the petition, the learned Single Judge has passed various orders and in pursuant to that, the respondents have also passed orders, which are already a part of the record. Writ petition was filed for a declaration that the petitioner is entitled to duty credit scrip of ₹ 1,35,27,742/- vide Annexure ‘C’ to the writ petition at the rate of 2% of incremental growth in exports during 01.01.2013 to 31.03.2014. Since, interim orders were passed and subsequent orders have also been passed by the authorities based on such directions, it is necessary that the orders passed by the Authorities require to be challenged by the petitioner before the appropriate forum. It is also just and necessary that the petitioner be granted liberty to challenge those orders since subsequent orders have been passed by the authorities pursuant to filing of the writ petition. The writ petition cannot be considered on the pleadings which were made after filing of the writ petition. The writ appeal is disposed off with a liberty to the petitioner to approach the appropriate forum to question the validity of the order dated 09.10.2018 as well as the communication dated 06.11.2018.
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