Petition admitted which challenged issuance of two adjudication order against single notice

Sh. Jagdeep Singh Vs Office of the Commissioner of Customs (Delhi Airport) & Anr. (Delhi High Court)

Delhi High Court admitted a petition through which two adjudication orders based on a single show cause notice was challenged. Also held that no coercive measures will be taken against the petitioners, in pursuance of the aforementioned adjudication orders.

Facts-

The principal grievance of the petitioners is that two separate adjudication orders i.e., orders dated 14.02.2022 and 26.03.2022 have been passed, which emerge out of a single show-cause notice dated 22.05.2019.

Issuing notice to the respondent-department, Justice Rajiv Shakdher and Justice Tara Vitasta Ganju held that “Facially, this assertion appears to be correct.

Conclusion-

Petition admitted and it was ordered that in the meanwhile, no coercive measures will be taken against the petitioners, in pursuance of the aforementioned adjudication orders.

FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT

1. Allowed, subject to the petitioners filing legible copies of the annexures, at least three days before the next date of hearing.

W.P.(C) 10390/2022, CM APPL. 29970/2022

W.P.(C) 10403/2022, CM APPL. 29997/2022[Applications filed on behalf of the petitioner seeking interim relief]

2. The principal grievance of the petitioners is that two separate adjudication orders i.e., orders dated 14.02.2022 and 26.03.2022 have been passed, which emerge out of a single show-cause notice dated 22.05.2019.

2.1 Facially, this assertion appears to be correct.
3. Mr Anurag Ojha, who appears on behalf of the respondents, says that he will have to return with instructions.

4. Issue notice.

4.1 Mr Ojha accepts notice on behalf of the respondents.

5. Counter-affidavit will be filed within the next four weeks.

5.1. Rejoinder thereto, if any, will be filed before the next date of hearing.

6. List the above-captioned matters on 05.09.2022.

7. In the meanwhile, no coercive measures will be taken against the petitioners, in pursuance of the aforementioned adjudication orders.