M/S Agros Crop Nutrition v. Union Of India And ORS

CWP No.23952 of 2017 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP No.23952 of 2017 Date of decision:24.10.2017 M/s Agros Crop Nutrition ... Petitioner Vs.

Union of India and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. Gurpreet Singh, Advocate for the petitioner.

AJAY KUMAR MITTAL, J. (ORAL) 1.

In this writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of certiorari for quashing the impugned order dated 21.07.2017 (Annexure P-14) passed by Joint Commissioner, office of the Commissioner of Customs G.T.Road, Sahnewal, Ludhiana Savitri Complex-II, Dada Motors, G.T.Road, Dholewal, Ludhiana, i.e., respondent No.4 vide which order in original has been passed.

2.

It is pointed out by learned counsel for the petitioner that the said impugned order is appealable as noticed in para 2 of the impugned order. Learned counsel submitted that inadvertently, certain facts could not be incorporated in the present writ petition and filing of the writ petition instead of appeal has also not been explained. Accordingly, a prayer has Savita 2017.10.26 13:28 I attest to the accuracy and integrity of this document High Court Chandigarh

CWP No.23952 of 2017 {2} been made that he may be allowed to withdraw the present writ petition, with liberty to the petitioner to file fresh writ petition on the same cause of action by furnishing comprehensive and better particulars. 3.

Dismissed as withdrawn, with liberty as aforesaid. 4.

However, granting of permission shall not preclude the Court to examine the question regarding availability of alternative remedy of appeal to the petitioner. In case, fresh writ petition is filed, the office shall tag the record of present writ petition with the said writ petition. (AJAY KUMAR MITTAL) JUDGE (AMIT RAWAL) JUDGE October 24, 2017 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Savita 2017.10.26 13:28 I attest to the accuracy and integrity of this document High Court Chandigarh