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2022 (8) TMI 9

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..... the said date the learned writ Court had directed the matter to be listed for hearing after Christmas Vacation and the respondents were directed to maintain status quo till 11 th January, 2022 and/or until further order, whichever is earlier. Thereafter, the matter was not listed. After affidavit-in-opposition has been filed and the reply has also been filed to the said affidavit-in-opposition, it would be better if decision is taken on merits of the matter since the learned writ Court had recorded in its order dated 25.11.2021 that the allegation of technical glitches made by the appellant was not wrong and they have denied it. In such circumstances, by directing disposal of the representation may not yield any result because already .....

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..... S in spite of her best effort due to technical glitches in the official portal of CBIC and in spite of bringing this problem to the notice of the respondents concern by two representations which were not considered by the respondents according to the petitioner. Learned advocate appearing for the respondents is disputing this allegation of technical glitches in the official portal of the department, which in my view, can be considered on Affidavit by the respondent with supporting documents and also to explain as to what prevented them from considering the two representations of the petitioner which has been annexed to the writ petition, made before the respondent authority concerned about his grievance of technical glitches it faced d .....

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..... til further order, whichever is earlier. Thereafter, the matter was not listed. We are informed by the learned advocate for the appellant that the writ petition was listed subsequently and an interim protection granted in favour of the appellant was extended from time to time. Ultimately, the matter was heard on 29.06.2022 and the learned writ Court disposed of the writ petition by directing the representation to be considered by the authority. In our respectful view, after affidavit-in-opposition has been filed and the reply has also been filed to the said affidavit-in-opposition, it would be better if decision is taken on merits of the matter since the learned writ Court had recorded in its order dated 25.11.2021 that the allegation of te .....

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