B.C.Dagara vs. Station Master

11. 04.01.2019 Heard learned counsel for the parties.

By way of this writ petition, the petitioner has challenged the illegal action of the opposite parties in raising a demand of Rs.55,30,219/- as per Annexures- 6 and 7 on the basis of the affidavit filed by a person, who has delivered the goods to the petitioner.

Learned counsel for the petitioner has mainly contended that the impugned order came to the passed without giving any opportunity of hearing to the petitioner. Only on that ground, the petitioner prays to quash the impugned order under Annexure-6.

Learned counsel for the opposite parties supporting the impugned order has contended that the affidavit referred to in the writ petition at Annexure-3 series is required to be filed by the consigner, namely, the petitioner.

In that view of the matter, we quash the order under Annexure-6 and remit the matter back to the concerned authority to adjudicate the matter afresh. The petitioner is directed to appear before the concerned authority on 04.02.2019 and file all documents in support of his contention. The authority after giving opportunity of hearing to the petitioner shall pass a reasoned order. Till such decision taken by the concerned authority, no recovery shall be made from the petitioner.

Urgent certified copy of this order be granted on proper application.

.…….......……………… ( K.S. Jhaveri ) Chief Justice

**…………………..……… (**K. R. Mohapatra) Judge

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