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2000 DIGILAW 1659 (SC)

Dhampur Sugar Mills Ltd. v. Union of India

2000-09-25

N.SANTOSH HEGDE, S.P.BHARUCHA, Y.K.SABHARWAL

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JUDGMENT : 1. Leave granted. 2. The order under challenge was passed on a writ petition that had been filed in 1992. The Division Bench took the view that there was an alternate remedy under the Central Excises and Salt Act, which the petitioner had not availed of. It, therefore, took the view that it would not be appropriate for it to give an opinion prior to adjudication. 3. The petition had been pending for seven years and it does seem a little harsh to relegate the appellant after seven years to the alternate remedy. The learned Additional Solicitor General fairly states, in the circumstances, that the order under challenge may be set aside and the writ petition (Civil Misc.) Writ Petition No. 747 of 1962) may be restored to the file of the High Court to be heard and disposed of on merits. This is appropriate and it should be done expeditiously. 4. Order on the appeal accordingly. 5. No order as to costs.