M/S R.K.Trade Links vs. Union Of INDIA
Held
The High Court held that it was not the stage to invoke writ jurisdiction, especially given the earlier dismissal of similar petitions. The petitioners were directed to participate in the show cause proceedings.
Facts
The petitioners challenged a letter from the Principal Commissioner of Customs, seeking examination reports and a determination of jurisdiction before adjudication. The court had previously dismissed similar petitions, directing the petitioners to respond to the show cause notice.
Key Issues
Whether the High Court should entertain writ petitions at the show cause notice stage when serious allegations are made and prior petitions were dismissed. Whether the petitioners are entitled to examination reports and a preliminary determination of jurisdiction before adjudication.
Sections Cited
Article 14, Article 49(1)(g)
AI-generated summary — verify with the full judgment below
[ 33E61 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITION NOs: 29950 & 29951 0F 2023 W.P.No.29950 OF 2023 Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order, or direction more particularly one in the nature of writ of mandamus declaring the letter o.R. No. 124 12O23-Adin cus (PC) dated 1Ol1Ol2O23 as illegal as being opposed Article 14 and 49(1Xg) of constitution of lndia and consequently direct the 3rd Respondent to supply the examination reports which are part of Bills of Entry in all the 4 imports, determine his jurisdiction as a preliminary issue ant thereupon proceed with adjudication if it has Between: M/S R.K.Trade Links, Represented by its Kolli Venkateswara Rao, S/o- Radha kiisnna Murthy aged about 62, Occ.' Business -Ftil No.201 ' Shilpa Residency, Vivekanandanigar-colony, Kukatpally, Hyderabad-500072. ...PETITIONER ANO
Un
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