National Plastic Household Products Pvt.Ltd. v. State Of West Bengal And ORS.

19.7.2023 ks WPA 14980 of 2023 sl. 7 National Plastic Household Products Private Limited Vs State of West Bengal & Ors.

Ms. Sweta Mukherjee ... For the Petitioner.

Mr. A. Ray, Ld. GP., Mr. T.M. Siddiqui, Mr. T. Chakraborty ... For the State.

Heard learned Advocates appearing for the parties. By this writ petition, petitioner has challenged the impugned adjudication order dated 4th May, 2023, on the ground of alleged violation of principles of natural justice by not serving the petitioner the show-causenotice before passing the impugned adjudication order though at the same time petitioner has annexed the show-cause-notice but contends that the same is the summary show-cause-notice. If that be so, petitioner could have asked for detail of the same also and furthermore in that summery show-cause-notice it appears that enclosure was there. Now it is a disputed question of fact that since Mr. Siddiqui, learned Additional Government Pleader appearing for the respondents is contending that the show-cause-notice was served upon the petitioner and it was very much available in the portal and the said show-cause-notice also shows that details notice was enclosed with the

summary show-cause-notice as a separate attachment.

Considering the facts and circumstances of the case and submission of the parties and in view of disputed question of fact about service of impugned show-cause-notice along with enclosure, I am of the view that this is not a clear case of violation of principles of natural justice and in view of the availability of alternative remedy by way of appeal against the impugned adjudication order I am not inclined to entertain this writ petition being WPA 14980 of 2023 and accordingly the same is dismissed. However, dismissal of this writ petition will not be a bar on the part of the petitioner to raise all the points before the Appellate Authority, which has been raised in this writ petition.

( Md. Nizamuddin, J. )