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2018 (6) TMI 534 - HC - CustomsMaintainability of appeal - statutory remedy available - Revocation of CHA License - principles of natural justice denied - time limitation - the enquiry report was not furnished - the time limit prescribed not adhered to - Held that:- We do not want to deal with the same on merits, inasmuch as there is no manifest illegality in directing the writ petitioner to approach, the forum provided under the Customs Act, 1962 - the Hon'ble Supreme Court, as well as this court, held that, ordinarily, writ petitions should not be entertained when the statutes provide for an effective and alternative remedy, moreso, in revenue matters. Reliance can be placed in the case of Union of India v. T.R.Verma, [1957 (9) TMI 41 - SUPREME COURT], where the Hon'ble Supreme Court held that it is well settled that when an alternative and equally efficacious remedy is open to a litigant, he should be required to pursue that remedy and not to invoke the special jurisdiction of the High Court to issue a prerogative writ. It will be a sound exercise of discretion to refuse to interfere in a petition under Article 226 of the Constitution, unless there are good grounds to do, otherwise. Where hierarchy of appeals is provided by the statute, the party must exhaust the statutory remedies before resorting to writ jurisdiction. We permit the writ petitioner to prefer a statutory appeal, within a period of one month from the date of receipt of a copy of this order - appeal dismissed - decided against appellant.
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