Patna High Court - Orders
Krishna Kali Traders vs The Union Of India on 9 March, 2022
Author: Chakradhari Sharan Singh
Bench: Chakradhari Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7682 of 2020
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Krishna Kali Traders
... ... Petitioner/s
Versus
The Union of India & Ors.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Prabhat Ranjan, Advocate
For the Respondent/s : Mr. Dr. K.N. Singh ( ASG )
Mr. Anshuman Singh, Sr. Standing Counsel custom
Mr. Sriram Krishna, Advocate
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
ORAL ORDER
23 09-03-2022Judgment in this case was reserved on 26.10.2021. The matter was heard on subsequent dates also and finally directed to be placed for judgment on 16.11.2021 by an order dated 03.11.2021.
The Court's attention has been drawn to an order of this Court dated 22.11.2021, passed by a Division Bench of this Court in CWJC No. 7999 of 2020 (Sukhdev Singh and others vs. The Union of India & Ors.), which reads as under :-
"Dr. K.N.Singh, under instructions from Shri Anshuman Singh, learned senior counsel of Customs, submits that perhaps, it would be prudent to adjourn the matter awaiting outcome of the decision of the Special Leave Petition i.e. Special Leave to Appeal (C) No. 7146 of 2021 pending before the Patna High Court CWJC No.7682 of 2020(23) dt.09-03-2022 2/3 Hon'ble Supreme Court, whereby judgment dated 20.12.2019 rendered in L.P.A. No.1153 of 2019 titled as M/s Om Sai Trading Company & Anr. Vs. Union of India & Ors., is under challenge.
We are informed that the matter is likely to be heard by the Hon'ble Supreme Court in the month of November, 2021.
Admit.
Parties are at liberty to seek early hearing of the petition after the decision is rendered by the Hon'ble Apex Court in M/s Om Sai Trading Company (supra).
Adjudicatory proceeding shall continue. Equally, it shall be open for the adjudicatory authority to pass an order but however, the same shall not be given effect to without permission of the Court."
There is no dispute about the fact that the said CWJC No. 7999 of 2020 arises out of the same seizure of betel nuts and confiscation proceeding which is the subject-matter in the present case.
Learned counsel for the parties are ad idem that presently the cases of such nature are being placed before Division Bench.
It may be further noticed that an interim order was passed by this Court on 07.10.2021 to the following effect :-
Patna High Court CWJC No.7682 of 2020(23) dt.09-03-2022 3/3 "List this matter on 25.10.2021 within first five cases. In the meanwhile, it is directed that though the adjudication proceeding may continue, the competent authority shall not pass any final order in the said proceeding."
Upon perusal of the Division Bench order of this Court dated 22.11.2021, in the Court's opinion, propriety demands that this matter is heard along with CWJC No. 7999 of 2020, as both matters arise out of the same seizure of betel nuts and consequent confiscation proceeding.
Accordingly, the orders dated 26.10.2021 and 03.11.2021 are, hereby, recalled. The interim order dated 07.10.2021 is modified in terms of the Division Bench order of this Court dated 22.11.2021 and it is accordingly directed that though the adjudicatory proceeding in the confiscation matter shall continue and it will be open for the Confiscating Authority to pass a final order but such final order shall not be given effect to without the leave of this Court.
Admit.
Let this matter be placed along with CWJC No. 7999 of 2020.
(Chakradhari Sharan Singh, J) Rajesh/-
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