TMI Blog2020 (8) TMI 704X X X X Extracts X X X X X X X X Extracts X X X X ..... oner has to give reply of the show cause notice to the concerned respondent authorities and if the respondents decide any issue against the petitioner, the petitioner is not remediless. This is a premature writ petition, we are not inclined to give any relief to the petitioner. The petitioner may file a reply of the show cause notice and the concerned respondents authorities shall adjudicate upon the same in accordance with law, rules, regulations and government policies applicable to the facts of the case and after giving adequate opportunity of being heard to the petitioner - Petition dismissed. - W.P.(C) 5561/2020 - - - Dated:- 26-8-2020 - HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE PRATEEK JALAN Petitioner Through: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated in para-10 therein. 3. Much has been argued by the learned counsel for the petitioner about the lack of jurisdiction on the part of the respondents. We are not in agreement with this contention, the respondents have the power, jurisdiction and authority to issue the aforesaid show cause notice for the alleged breach of Foreign Trade Policy and wrongly availing the benefits under 'Served from India Scheme' (SFIS). The objections articulated by learned counsel for the petitioner are of a nature which can be taken before the authorities, and do not call for a departure from the general principle that a writ petition will not be entertained against issuance of a show cause notice. 4. Learned counsel appearing for the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the fundamental principles of judicial procedure, or has resorted to invoke the provisions which are repealed, or when an order has been passed in total violation of the principles of natural justice. (emphasis supplied) 7. The Hon ble Supreme Court in Union of India and Ors. vs. Coastal Container Transporters Association and Ors. 2019 SCC Online SC 274 in para 19 has held as under:- 19. ........ the High Court has committed error in entertaining the writ petition under Article 226 of Constitution of India at the stage of show cause notices. Though there is no bar as such for entertaining the writ petitions at the stage of show cause notice, but it is settled by number of decisions of this Court, where writ petitions can ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as, by the impugned judgment held that the Appellant should first raise all the objections before the Authority who have issued the show cause notice and in case any adverse order is passed against the Appellant, then liberty has been granted to approach the High Court... ...in our view, the High Court was absolutely right in dismissing the writ petition against a mere show cause notice. It is thus well settled that writ petition should normally not be entertained against mere issuance of show cause notice. In the present case no show cause notice was even issued when the High Court had initially entertained the petition and directed the Department to prima facie consider whether there was material to proceed with the matter. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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