Calcutta High Court (Appellete Side)
Rajesh Kumar Jain vs Union Of India & Others on 13 June, 2013
Author: Tapen Sen
Bench: Tapen Sen
1
13/6/2013
(AB) 18
W. P. 7279 (W) of 2013
Rajesh Kumar Jain
-Vs-
Union of India & Others
Mr. Farook Razack,
Mr. Faisal Farook,
Mr. Joydeb Ghorai
... For the Petitioner.
Mr. S. B. Saraf,
Md. T. M. Siddiqui
... for the Respondents.
Affidavit of Service is taken on record.
One of the principal grounds of attack / challenge to the Show-Cause Notice dated 13/09/2010 as contained in Annexure "P-1" is that the documents, relied upon therein as Annexure "X" and which are said to have been enclosed along with the said Show-Cause (as stated in Paragraph 25 of the said Show-Cause at Page 279 of the Writ Petition), were, in fact, never supplied to the Petitioners.
Mr. S. B. Saraf, learned Counsel appearing for the Revenue Authorities, could not dispute the aforementioned contention of the learned Counsel for the Petitioners.
Under the circumstances stated above, this Court is of the view that no useful purpose will be served in keeping this Writ Petition pending before this Court at this stage.
2
Consequently, this Writ Petition is disposed of with a direction upon the Respondent Authorities to supply all those documents indicated in Paragraph 25 of the Show-Cause Notice to the Petitioners within a period of eight weeks.
Once all the documents are received by the Petitioners to their satisfaction in terms of whatever has been referred to in the Show-Cause Notice, it will then be open to the Petitioners to file a comprehensive reply within a period of eight weeks thereafter. In case, the Petitioners desire for some additional documents, they should also be supplied to them. Once the reply is received, the adjudication proceedings will commence and proceed in accordance with law.
In the intervening period and till the adjudication proceedings commences, the Petitioners shall not be subjected to any form of coercion.
Subject to an application for certified copy being made and proof in support thereof being produced, let a plain photocopy of this Order, duly countersigned by the Assistant Registrar (Court), be handed over to the learned Counsel for the parties, on usual undertaking.
(Tapen Sen, J.)