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2023 (11) TMI 427 - HC - CustomsViolation of principles of natural justice - appellant's request for cross-examination of parties, whose statement has been relied upon, has not been considered - Opportunity of hearing not granted - Article 14 of the Constitution of India - HELD THAT:- While the submission is agreed that cross-examination is also a part of/ facet of natural justice, however, there is no absolute right for cross-examination, for it would depend on the facts of each case. As found by the learned Judge, whether the appellant was granted personal hearing or not, turns out to be a disputed question of fact. The examination of such disputed question of fact is normally an exercise, which is beyond the realm of writ jurisdiction - It is also found that when there is an alternate remedy that is available, Courts would exercise restraint in entertaining the writ petitions. Further, entertaining the writ petitions is a matter of discretion and such discretion having been exercised by the learned Judge by rejecting the writ petition on the ground of existence of alternate remedy, this Court in appeal would normally be loathe in interfering with exercise of such discretion. There are no reason to interfere with the order of the learned Judge - this court permits the appellant to file appeal before the Appellate Authority, within a period of 30 days from the date of receipt of a copy of this judgment - appeal disposed off.
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