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Calcutta High CourtWPA/4929/2022disposed

Gulab Chand Shaw v. State Of West Bengal And ORS.

2022-03-21Hon'Ble Justice Md. Nizamuddin2 pages

21.3.2022 ks WPA 4929 of 2022 sl. 26 Gulab Chand Shaw Vs State of West Bengal & Ors.

Mr. Suryaneel Das ... For the Petitioner.

Mr. A. Roy, Ld. GP Mr. T.M. Siddiqui, Mr. S. Mukherjee ... For the State.

Heard learned Advocates appearing for the parties. In this writ petition, petitioner has challenged the impugned show-cause-notice dated 14th March, 2022 on the alleged ground of "goods not covered by valid documents" as appears at page 29 of the writ petition. Considering the submission of the parties and on perusal of relevant record, I am of the view that this writ petition is premature since instead of giving reply to the aforesaid show-cause-notice, petitioner sought to invoke Constitutional writ jurisdiction of this Court by taking several grounds in this writ petition, which petitioner could have taken in its reply to the impugned show-cause-notice.

Considering the submission of the parties, this writ petition, being WPA 4929 of 2022 is disposed of by giving liberty to the petitioner to file reply to the impugned show-cause-notice within seven days from date and taking all the points, which the petitioner has taken in this writ petition and if such reply to the

impugned show-cause-notice is filed by the petitioner within the time stipulated herein, the respondent concerned shall consider the same and dispose of the same by passing reasoned and speaking order and after giving an opportunity of hearing to the petitioner or his authorised representative within four weeks from the date of communication of this order. ( Md. Nizamuddin, J. )