Dismissed¶36

Preet Kumar Agarwal v. Union of India

Telangana HC7 Aug 2025WP/12747/2025

Case brief

AI extract

What is this about?

Telangana High Court; W.P. 12747/2025; Preet Kumar Agarwal v. Union of India; customs; s.28(4) Customs Act 1962; Order-in-Originl No. 14/Manish Saxena/Commr (Adj.) Delhi/NCH/2022-23 dated 13.02.2023; President CESTAT order in appeal dated 18-03-2025; DRI SCN F.No DRI/KZUIAS/ENO-28/2018 dated 21.12.2020; writ dismissed as withdrawn with liberty; no costs; IA Nos. 2 and 3 of 2025 closed; decided 07-08-2025; bench P. Sam Koshy and Suddala Chalapathi Rao; withdrawal before adjudication; no precedent cited; no ratio on merits.

What did the court decide?

Leave to withdraw the writ petition, granted with liberty to pursue appropriate recourse available under law; no order as to costs; miscellaneous petitions pending (IA Nos. 2 and 3 of 2025) closed. ¶36

Preet Kumar Agarwal Vs Union of India — Customs and Excise | Telangana HC (2025)

What the court decided

AI extract

Outcome

Leave to withdraw the writ petition, granted with liberty to pursue appropriate recourse available under law; no order as to costs; miscellaneous petitions pending (IA Nos. 2 and 3 of 2025) closed.

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Issue for consideration

Whether the Order-in-Original dated 13.02.2023 passed under s.28(4) of the Customs Act, 1962 and the appellate order dated 18-03-2025 passed by the President, CESTAT were liable to be declared illegal, without jurisdiction and unsustainable in law qua the petitioner, and whether the DRI Show Cause Notice dated 21.12.2020 should be remanded to respondent no. 5 for fresh adjudication. (Framed from the prayer; never adjudicated owing to withdrawal.)

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Ratio / Principle

The writ petition is dismissed as withdrawn.

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Key takeaways

The dismissal is with liberty to the petitioner to take appropriate recourse available to him under law, and there shall be no order as to costs.ratio¶37
Miscellaneous petitions pending, if any, shall stand closed.ratio¶38

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad, W.P. No. 12747 of 2025, decided 07-08-2025 (bench: P. Sam Koshy and Suddala Chalapathi Rao, JJ.; order per Koshy J.). Preet Kumar Agarwal had approached the Court under Article 226 seeking a writ of certiorari against (i) Order-in-Original No. 14 / Manish Saxena / Commr (Adj.) Delhi / NCH / 2022-23 dated 13.02.2023 passed by the Commissioner of Customs (Adjudication), Delhi Zone under s.28(4) of the Customs Act, 1962, and (ii) the connected order in appeal dated 18-03-2025 passed by the Hon'ble President, CESTAT, New Delhi, and for remand of DRI Show Cause Notice F.No DRI/KZUIAS/ENO-28/2018 dated 21.12.2020 to respondent no. 5 for fresh adjudication. After counsel argued for some time, withdrawal was prayed for; the Court dismissed the writ petition as withdrawn with liberty to take appropriate recourse available under law, made no order as to costs, and closed the pending miscellaneous petitions (IA Nos. 2 and 3 of 2025, seeking suspension of the order-in-original and permission to appear in person). No point of law or merits was adjudicated and no precedent was cited; the decision has no citation value for legal propositions.

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[348e 1

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IN THE HIGH COURT FOR THE^{STATE OF TELANGANA} AT HYDERABAD (Special Original Jurisdiction)

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THURSDAY,THE SEVENTH^{DAY OF AUGUST} TWO THOUSAND AND TWENTY^FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE^P.SAMKOSHY AND

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THE HONOURABLE SRI^{JUSTICESUDDALA CHALAPATHI RAO}

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WRIT PETITION NO: 12747 OF 2025

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Between:

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Preet Kumar Agarwal,^{S/o. SanjayAgarwal, Aged about 25 years,R/o. C1,} Ivlayur Kushal Cbmplex, Abids,^{Hyderabad -500001.}

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...PETiTIONER

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AND

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Union of lndia, Rep. by^{its Secretary, Ministryof Finance, North Block, New} Delhi.

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The Principal Commissioner^{of Customs,Customs Commissionerate'L.B.} Stadium Road, Basheerbagh,^{Hyderabad -500 004.}

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The Principal Commissioner of^{Customs, Air Cargo Complex, CustomHouse;} 15/1, Strand Road, Kolkata^{- 700 004.}

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The Additional Director General,^{Directorateof Revenue lntelligence Kolkata} Zonal Unit, B Ho Chi Minh Sarani,^{Suit '16,17and 18, Kolkata -7OO071.}

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The Commissioner of Customs^{(Adjudication), Delhi Zone,Room No. 214,} New Custom House, Near lGl Airport,^{NewDelhi.-110037.}

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The Registrar, Customs, Excise^{and Service Tax Appellate Tribunal,C-92,} Nanakpura, New Delhi^-11OO21

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...RESPONDENTS

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Petition under Article 226 of the Constitution^{of lndia prayingthat in the} circumstances stated in the^{affidavit filedtherewith, the High Court may be} pleased to issue a Writ of Certiorari or any other appropriate^{Writ, Order or} Orders, Direction or Directions^{to declarethe Order-ln-Origindl No. 14 i Manish} Saxena / Commr^(Adj.) Delhi /^{NCH / 2022-23 dated13.02.2023 passedby the} sth respondent, U/s.28(4)^{of CustomsAct, 1962, and the Order in Appeal Diary} No dated 18-03-2025^{passedby the Hon' ble President, CESTAT, New Delhi, as} illegal, without^{jurisdiction and unsustainable in law as far as the petitioneris} concerned and to set aside^{the sameand to remandback the Show Cause} Notice bearing F.No DRI/KZUIAS/ENO-28/2018,^{dated21 .12.2020'backto the}

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5th respondent for fresh adjudication as far as the Petitioler is concerned^and direct the respondents to act in accordance with law

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lA NO: 2 OF 2025

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Petition underr Section 151 CPC^praying that in th€ circumstances^stated in the affidavit filed in support of the^petition, the High Cot^{rt may} be^pleasedto suspend the Procer:dings and order of the Sth respondent'^r; Orderⁱⁿ Original^No 14 / t\ilanish Saxena / Commr (Adj.) Delhi / NCH / 2022-23⁽ ated 13.02.023^along with all consequential penal actions in so far as the^pe itioner is concerned, pending disposal ol the Writ Petition

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lA NO: 3 OF 2025

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Petition under Section 151 CPC^praying that in the circumstances stated in the affidavit filed in support of the petition, the High Cct rt may be^pleasedto permit the petitioner to appear as party in person in the abcve writ petition, in the interest of Justice

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Counsel for the Petitioner: SRl. SHANKER LAL

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Counsel for the Respondent Nos.^'l&4: DEPUTY SOLICITOR GENERAL OF INDIA

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Counsel for the Respondent Nos.2,3,5&6: SRI DOMINIC FERNANDES, SC FOR CBIC The Courl made the following: ORDER

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Fry

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THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND

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THE, HONOT]RABLE SRI ,IT]STICE SUDDAI,A CHALAPATHI RAO

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WRIT PETITION No.I2747 of 2025

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ORDER (per Hon'ble Sri hsrica P.Sam Kosh1,)

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Sri Shanker [-al, the pciitioner present in person after

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arguing for some time, prays tbr withdrawal of the matter, with

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liberty to take appropriate recourse available to him under law.

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Accordingly, this Writ Petition is dismissed as withdrawn

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with liberty as prayed for. There shall be no ordcr as to costs.

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Consequently, miscellaneous petitions pending, if an,v, shall

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stand closed

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SD/.A.PRATHIMA EPUTY REGISTRAR

//TRUE COPYi/

SECTION OFFTCER

To,

One CC to SRl. SHANKER^{LAL, Advocate} [OPUC] 2. One CC to DEPUTY SOLICITOR^{GENERALOF INDIA} IOPUCI 3. One CC to SRl. DOMINIC^{FERNANDES,SC FOR CBICIOPUCI}

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