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2019 (7) TMI 585

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..... pondent No.4, it will be appropriate for this Court to direct respondent No.4 to consider the representations of the petitioners and the rectification letters at Annexures AD, AF, AG, AJ, AM, AA, AA1 and take a decision inasmuch as the issue of EODC in favour of petitioners in an expedite manner. Petition allowed by way of remand. - WRIT PETITION Nos.15984 – 15985/2017 (T – CUS) - - - Dated:- 27-6-2019 - MRS. S. SUJATHA J. PETITIONERS [BY SRI P.N.MANMOHAN, ADV.] RESPONDENTS [BY SMT.ANITHA H.R., ADV. FOR R-1 R-4; SRI JEEVAN J. NEERALGI, ADV. FOR R-2 R-3.] O R D E R The petitioners have assailed the show-cause notice dated 31.12.2015 issued by respondent No.2 as well as the notice .....

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..... /objections have been filed by the petitioners to the show-cause notice issued by respondent No.2. Unless and until EODC is issued by respondent No.4, no final decision can be taken by respondent No.2 Authority. Hence, seeks for a direction to respondent No.4 to consider the representation submitted on 01.03.2017 and issue EODC in an expedite manner, till then no final decision be taken by respondent Nos.2 and 3. 4. Learned counsel for respondents submit that the adjudicating authority has to take a decision considering the objections filed by the petitioners to the show-cause notice dated 31.12.2015 at Annexure R. Prior to taking such a decision, the petitioners have rushed to this Court. The action of respondent No.2 could no .....

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..... in accordance with law in an expedite manner, preferably within a period of four weeks from the date of receipt of the certified copy of the order. The petitioners are at liberty to file any additional documents to substantiate their claim before the respondents. It is made clear that no final decision shall be taken by respondent Nos.2 and 3 till respondent No.4 takes a decision on the representations of the petitioners as aforesaid. It is made clear that respondent Nos.2 and 3 shall adjudicate the matter and take a decision after considering the objections as well as the decision of respondent No.4 on the representations submitted by the petitioners preferably within a period of four weeks from the date of the receipt of the order of res .....

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