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2023 (1) TMI 582 - HC - CustomsMaintainability of petition - availability of alternative remedy - levy of penalty u/s 114 (iii) of the Customs Act, 1962 - appealable order under Section 128 of Customs Act, 1962 or not - HELD THAT:- In Hameed Kunju vs. Nizam [2017 (7) TMI 1414 - SUPREME COURT] the Apex Court held that any petition under Article 227 of Constitution of India should be dismissed in limine when there is statutory provision of appeal. In another case Ansal Housing and Construction Limited vs. State of Uttar Pradesh and others [2016 (3) TMI 1435 - SUPREME COURT] it is held that when there statutory appeal is provided, then the said remedy has to be availed. Looking to the fact of availability of an efficatious alternative remedy, it is not found proper to entertain these petitions - petition dismissed.
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