2022 (3) TMI 89

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.... For the U.O.I. : Mr. Sanjeeb Seni For the Respondent 2 to 5 : Mr. Somnath Ganguly, Mr. Sukalpa Seal ORDER This intra court mandamus appeal is directed against the order dated 19.01.2022 passed by the learned Single Judge in WPA 424 of 2022 (Jayanta Roy vs. The U.O.I. & ors.). The appellant/writ petitioner approached the writ court praying for writ of mandamus to command the respondents t....

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....he appellant cannot question an order of seizure by way of a writ petition nor a summon could be challenged to the writ petition. Once we steer clear of the legal principle, we take note of the other submissions of the learned counsel for the appellant. It is submitted that when summons dated 14.11.2021 was signed, the appellant was to appear at the Office of the appellant itself on 01.11.2021. On....

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..../- which was shown to be made voluntarily by the appellant in form DRC-03. The learned writ court had directed the respondent to consider the said representation wherein there was retraction regarding the money paid. In our considered view, no useful purpose would be served by directing the authority to consider the representation made on 30.12.2021 since the show cause notice is yet to be issu....

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....lant till the show cause notice is issued and adjudicated and an order of adjudication be passed and such sum shall not be appropriated as against any past dues. Considering the amount involved in the matter, the concerned respondent shall expeditiously take steps in issuing show cause notice and giving reasonable time concerned to the appellant to reply the same and afford personal hearing to ....