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2020 Supreme(Guj) 33

S.R.BRAHMBHATT, A.P.THAKER
Rajhans Impex Pvt. Ltd. – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Mihir Joshi, Senior Advocate With Mr. Paresh V Sheth(3998)
For the Respondent: Ms Shruti S Pathak(5619)

JUDGMENT :

A. P. THAKER, J.

1. As all the three petitions are arising out of the same order which the same is challenged by the petitioners by filing separate petitions, the matters were heard together and they are being disposed of by this common judgment.

2. Considering the facts that the order challenged in the matters are similar, the facts of Special Civil Application No.12550 of 2017 are taken as lead matter.

3. By way of present petitions under Article 226 of the Constitution of India, the petitioners seek a writ of mandamus quashing and setting aside the Order No. MUN-CUSM-000-COM-030-16-17 issued by respondent No.2 confirming duty with interest and imposing penalty, with the following prayers:-

    a. Your Lordships be pleased to issue a writ mandamus of or in the nature of mandamus quashing and setting aside the order passed by the Respondent No. 2 bearing No. MUN-CUSTM-)))-COM- 030-2016-17 Dated 31.03.2017 issued on 05.04.2017.

b. Your Lordships be pleased to issue a writ of Prohibition or in the nature of Prohibition thereby completely and permanently prohibiting Respondent No. 2 & its subordinate officers from taking any action against the petitioner, for disturbing the benefits

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