Writ challenge to long-pending show cause notices rejected, with factual disputes left for adjudication before the competent authority.

Long-pending show cause notices and proposed adjudication were not interfered with at the writ stage because the challenge involved factual matters and documentary scrutiny best examined by the competent authority first. The Patna HC noted that the notices had been issued in 2008, the petitioners approached the court after a long delay, and the record showed repeated opportunities of personal hearing. It held that the delay in adjudication could not be attributed solely to the department, found the cited precedents distinguishable on facts, and left the petitioners to contest the matter before the adjudicating authority with all available submissions.

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Issues: Whether the writ petition challenging long-pending show cause notices and the proposed adjudication was maintainable, and whether the Court should interfere at the stage of the notices or leave the petitioners to contest the matter before the competent authority.

Analysis: The notices were issued in 2008 and the petitioners approached the Court only after a long lapse of time, while the record also showed repeated opportunities for personal hearing. The Court held that the delay in adjudication could not be attributed solely to the department. It further held that the validity of the demands raised in the notices involved factual matters and documentary examination best left to the adjudicating authority in the first instance. The Court declined to enter into the merits of the proposed demand at the writ stage and found the cited precedents distinguishable on facts.

Conclusion: The writ petition was not entertained and the petitioners were left to appear before the competent authority and raise all available submissions there. The challenge to the show cause notices failed.

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