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2019 (12) TMI 117

..... the revenue record on 22.03.2001, which was subsequently certified on 03.08.2001. Now, the impugned show cause notice is issued by the respondent on 09.10.2019 i.e. after a period of more than 18 years alleging that there is breach of provisions contained under Section 54 of the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949. Issue involved in the present petition requires consideration - notice returnable on 27.02.2020. In the meantime, proceedings pursuant to the impugned show cause notice are stayed. - R/SPECIAL CIVIL APPLICATION NO. 20552 of 2019 - 25-11-2019 - HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI MR. ZALAK B PIPALIA FOR THE PETITIONER MR KM ANTANI, AGP FOR THE RESPONDENT ORDER 1. Heard learned advocat .....

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..... f the Constitution and that the concerned person must first raise all the objections before the authority who had issued a show cause notice and the redressal in terms of the existing provisions of the law could be taken resort to if an adverse order was passed against such person. For example in Union of India and another vs. Guwahati Carbon Limited, 2012 11 SCC 651, it was concluded; The Excise Law is a complete code in order to seek redress in excise matters and hence may not be appropriate for the writ court to entertain a petition under Article 226 of the Constitution , while in Malladi Drugs and Pharma Ltd. vs. Union of India, 2004 (166) ELT 153 (S.C.), it was observed: … The High Court, has, by the impugned judgment held that .....

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..... . v. Bhatinda District Cooperative Milk Producers Union Ltd., reported in (2007) 11 SCC 363, observed in para 6 as under: 6. It is by now well-settled that if the action of initiation of the show-cause notice is without jurisdiction, or ex-facie barred by delay, the court may entertain the petition under Art. 226 of the Constitution. At this stage, we may refer to the decision of the Apex Court in case of State of Punjab and ors. v. Bhatinda District Cooperative Milk Producers Union Ltd., reported at (2007) 11 SCC 363, wherein the show-cause notice issued in purported exercise of the revisional power came to be challenged, inter alia, on the ground that the notice was beyond the period of limitation. A question arose before the Apex Court a .....

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