High Court directed petitioner to file a detailed representation to authorities regarding S & FEM Act proceedings, citing Hariprasad Chhopadia. Authorities to dispose within four months. No coercive action till March 31, 2019. Disposed.
Direction to authorities to dispose petitioner's representation within four months; no coercive action until March 31, 2019.
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OJC No. 8736 of 1998
By way of this writ petition, petitioner has challenged the
initiation of proceeding against the petitioner under the Smugglers & Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 and has prayed to quash the enquiry U/s. 18 and notices U/s. 6 and 7 (under Annexures- 3 and 6) of the said Act.
Learned counsel for the petitioner by producing a copy of the judgment of this Court in the case of Hariprasad Chhopadia Vs. State of Orissa & Anr. (OJC No. 1469 of 1985,) decided on 05. 09.1985, contended that the issue involved in this writ petition is squarely covered by the said judgment and therefore, it is prayed that the petitioner may be permitted to approach the opposite parties-authorities by way of filing representation, on which the authorities may be directed to consider and dispose of the same in view of the judgment in Hariprasad Chhopadia (supra).
In view of the submission made by the learned counsel for the petitioner, without expressing any opinion on merit and contentions raised in this petition, we direct the petitioner to appear and approach the opposite parties-authorities within a period of two weeks from today by way of filing a representation in detail enclosing the copy of this writ petition along with copy of
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the judgment in Hariprasad Chhopadia(supra). In such event, the opposite parties-authorities shall dispose of the said representation of the petitioner on its own merit, in the light of the said judgment, if applicable to the petitioner, in accordance with law within a period of four months from the date of receipt of such representation.
No coercive action shall be taken against the petitioner till 31.03.2019.
With the aforesaid observation this writ petition stands disposed of.
Urgent certified copy of this order be granted on proper application.
.…….......………………
( K.S. Jhaveri ) Chief Justice
…………………..……… ( K.R. Mohapatra) Judge
AD
1 issue framed by the court
Whether to grant direction to authorities to consider petitioner's representation in light of Hariprasad Chhopadia judgment without expressing opinion on merit.
Colour shows how this judgement treated each authority
Hariprasad Chhopadia Vs. State of Orissa & Anr.Referred¶5
Hariprasad Chhopadia Vs. State of Orissa & Anr. (OJC No. 1469 of 1985) decided on 05. 09.1985
4 provisions across 1 enactments
Petitioner
Opposite parties-authorities
K.S. Jhaveri
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
K.S. Jhaveri and K.R. Mohapatra
Parties & counsel
