Parkwood Tea Exports Llp And ANR v. Union Of India And ORS

OD -17 ORDER SHEET WPO/85/2024

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE PARKWOOD TEA EXPORTS LLP AND ANR.

VS UNION OF INDIA AND ORS

BEFORE:

The Hon'ble JUSTICE MD. NIZAMUDDIN Date: 14th March, 2024.

Appearance:

Mr. Pratyush Jhunjhunwala, Adv.

Ms. Rishika Goyal, Adv.

...For the Petitioner Mr. Om Narayan Rai, Adv.

Mr. Tapan Bhanja, Adv.

...for Union of India Mr. Bhaskar Prosad Banerjee, Adv.

Mr. Abhradip Maity, Adv.

...for Customs Authority The Court: Heard learned advocates appearing for the parties. Petitioner has filed this writ petition being aggrieved by the inaction on the part of the respondent Customs Authority concerned in considering and disposing of its representation dated 24th August, 2023 being annexure P-14 and representation dated 5th January, 2024 being annexure P-15 to the writ petition. In support of his contention, learned advocate for the petitioner relies on an unreported judgment of the Hon'ble Kerala High Court dated 12th November, 2020 in WP (C) No. 12755 of 2020 (T) (Jeans Joseph vs. Union of India).

Considering the facts and circumstances of the case and submissions of the parties, this writ petition being WPO 85 of 2024 is disposed of by directing the respondent Authority concerned to consider and dispose of the aforesaid representations of the petitioners in accordance with law and by passing a reasoned and speaking order after giving opportunity of hearing to the petitioners or their authorised representatives, within a period of four weeks from the date of communication of this order. Needless to mention that petitioners shall be entitled to rely on the aforesaid judgment at the time of hearing before the Authority concerned which shall be considered in accordance with law. (MD. NIZAMUDDIN, J.) TR/