Calcutta High CourtWPA/21089/2021disposed

Carbon Resources Private Limited And ANR. v. The Principal Commissioner Of Customs (Port),Kolkata And ANR

2022-01-03Hon'Ble Justice Md. Nizamuddin3 pages

03-01-2022 Item No.61 Subrata

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side WPA No.21089 of 2021 Carbon Resources Private Limited & Anr.

-vsThe Prinicipal Commissioner of Customs (Port) & Anr. Mr. Ankit Kanodia ...for the petitioners Mr. K.K. Maiti ...for the respondents Heard learned advocates appearing for the parties. Petitioners in this writ petition are aggrieved by inaction on the part of the respondents to dispose of their first representation dated December 26, 2020 being Annexure P3 to the writ petition as well as the second representation by way of a reminder dated March 23, 2021 as appears from page 72 of the writ petition, details whereof would appear from the contents of the said representations. Petitioners also submit that such action of nondisposal of such representations is also in violation of a circular of the Central Board of Excise & Customs, New Delhi, Ministry of Finance (Department of Revenue), Government of India being Circular No. 8/2018-Cus., dated March 23, 2018 F. No.450/119/2017-Cus.IV.

Mr Maiti, learned advocate appearing for the respondents, is not in a position to defend the inaction on the part of the respondents in disposing of the aforesaid representations. He submits that he is not sure whether the aforesaid representations are still pending or have been disposed of, in spite of specific submission made by the petitioners in court that such representations are still

pending and have not been disposed of.

Considering the submission of the parties, this writ petition, WPA No.21089 of 2021, is disposed of directing the respondents concerned to consider and dispose of the aforesaid representation dated March 23, in accordance with law by passing a reasoned and speaking order, after giving an opportunity of hearing to the petitioners or their authorised representative, within six weeks from the date of communication of this order. It is recorded that this court has not gone into the merits of the said representation. The respondents, while considering and disposing of the said representation, shall act strictly in accordance with law.

[Md. Nizamuddin, J]