2018 (7) TMI 1098 – HIMACHAL PRADESH HIGH COURT – TMI – Principles of Natural Justice – petitioner’s prayer for quashing the impugned order for the reason that principles of natural justice stood violated – Held that:- The authority below has to adjudicate the factual matrix and the parties, if so aggrieved, can resort to the appropriate statutory remedy – petition disposed off on the terms as mutually agreed. – CWP No. 2505 of 2017 Dated:- 10-7-2018 – MR. SANJAY KAROL, AND MR. AJAY MOHAN GOEL, JJ. For the petitioner: Ms. Jyotsna Rewal Dua, Sr. Advocate with Ms. Charu Bhatnagar, Advocate. For the respondents: Mr. Ashok Sharma, Advocate General with Mr. Ranjan, Sharma, Mr. Adarsh Sharma and Mr. Nand Lal Thakur, Additional Advocate Generals
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correct. It is humbly submitted that the Budgetary support refund is being processed and disbursed to the applicants as per funds allocated to this office of the replying respondents by the DIPP It is mentioned that DIPP has only once allocated limited funds to the department for disbursal that too in the last week of March 2018 and accordingly amount has been disbursed against only a few of the refund applications filed with the department. Due to non-allocation of sufficient funds by the DIPP to the department, applications for budgetary support refunds including application filed by the petitioner are pending with department. Now DIPP has released additional funds for disbursal of budgetary support refunds which is under process of alloc
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l concerned. 4. This statement is being made in the peculiar facts and circumstances of the case, for the authority below has to adjudicate the factual matrix and the parties, if so aggrieved, can resort to the appropriate statutory remedy. 5. Ms. Jyotsna Rewal Dua, learned Senior Advocate has no objection the said proposition, subject to the appropriate authority deciding the matter, in the light of the averments made in para 8 of the reply/affidavit, reproduced supra. 6. Under these circumstances, as mutually agreed, present petition is disposed in the following terms. (a) For the reason that the impugned order dated 26.9.2017, (Annexure P15), passed by the Assistant Commissioner, Central Excise Division Baddi, Distrit Solan, HP (responde
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