2017 (2) TMI 181

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....pearing for the appellant, Shri Jauhar Khan, made the Bench go through the Order-in-Original to Paragraph 6 at page 19 and the last Paragraph at page 26 of the appeal paper book, which are reproduced below : "6.00 Related orders of Hon'ble High Court, Patna in the present case : (i) A Writ Petition was filed on 04.08.2011 by M/s Maa Saraswati Traders, through Power of Attorney holder, Shri Rajesh Singh, vide CWJC No.12738 of 2011 challenging the Seizure Memo dated 07.06.2011. The Hon'ble High Court, Patna vide order dated 28.02.2012 quashed the order of detention and seizure of the betel nuts and the trucks as well as the impugned notice dated 18.11.2011. (ii) The Division Bench of Hon'ble High Court, Patna vide o....

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....l and an appeal was filed by the Department before the ld.Commissioner (Appeals), Patna. The ld.Commr. (Appeals) did not issue any notices of hearing to the respondents and proceeded to dispose of the appeals. The relevant paragraphs of the Order-in-Appeal are reproduced below : "3. Being aggrieved the department preferred this appeal on the basis of order in review/010/2014 dated 30.07.2014 praying for deleting the last para of the adjudication order so that the impugned order can be made operative and effective. In addition two parties, i.e. Shri Vimal Kumar Agarwal and Shatrudhan Prasad also preferred appeal against the impugned order wherein they were penalized for Rs. 5 lacs and Rs. 2 lacs respectively. 4. Heard the d....

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....ating authority by passing the order, since the matter is pending before the Hon'ble High Court of Patna, he vehemently argued that the impugned order needs to be set aside. 3. The ld.A.R. appearing on behalf of the Revenue, reiterated the orders of the lower authorities. 4. Heard both sides and perused the appeal records. 5. In my considered view, the adjudicating authority while passing the adjudication order has correctly mentioned as follows : "It is observed that this order will be given effect to only after the outcome of L.P.A. No.684 of 2012 and final disposal of all the other petitions pending before the Hon'ble High Court." Therefore, he has done so by maintaining judicial discipline, to which we are bound to ....