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2026 DAILYLAW 26075 (PNJ)

HARRAJ AGRO FOODS v. UNION OF INDIA THROUGH SECRETARY

CWP/19723/2026 · 2026-07-03

Rohit Kapoor, To Be Nominated

body2026

Judgment text

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CWP-19723-2026 -1- 127 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-19723-2026 Date of decision: 03.07.2026 HARRAJ AGRO FOODS ...Petitioner Vs. UNION OF INDIA AND OTHERS ...Respondents CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE ROHIT KAPOOR Present: Mr. Vivek Salathia, Advocate for the petitioner. Mr. Rishabh Kapoor, Sr. Standing Counsel, CBIC(through v.c.) Ms. Ridhi Bansal, Jr. Standing Counsel for respondent No.1-UOI. Ms. Samdisha Kaur, AAG, Punjab. *** ASHWANI KUMAR MISHRA , A.C.J. (Oral) 1. The petitioner was issued a show cause notice on 29.09.2025. A reminder was issued to him on 30.12.2025. The reminder notice indicates the date by which reply has to be submitted as 30.12.2025. The date of personal hearing is also fixed on 30.12.2025. Order-in-original is also passed on the same date i.e. 30.12.2025. The petitioner, therefore, lays a challenge to the order dated 30.12.2025 on the ground of denial of reasonable opportunity of hearing. It is submitted that once reply was to be submitted till 30.12.2025, the authorities ought to have fixed a subsequent date for personal hearing. It is also urged that the notice issued on 30.12.2025 otherwise could not have fixed the date of hearing and submission of reply as the date of notice itself was 30.12.2025. Submission is that the impugned action is wholly violative of principle of natural justice. 2. Though the petition is opposed by the learned State counsel but the NEERAJ 2026.07.06 12:47 I attest to the accuracy and integrity of this document CWP-19723-2026 -2- recital of facts in the order impugned, as has been noticed above, is not disputed. It remains undisputed that the first show cause notice was issued on 29.09.2025. The reminder was issued on 30.12.2025. Once the notice is of 30.12.2025, a subsequent date after 30th ought to have been fixed for the purposes of submission of reply and hearing. Even if we presume that the reminder was served on 30th itself, it would amount to denial of reasonable opportunity if the hearing is conduced on that day itself. The authorities, therefore, while issuing the notice on 30.12.2025 would not have fixed 30.12.2025 itself as the date for hearing and passing of the order of the date of issuance of notice itself, is therefore found to be violative of principle of natural justice. 3. Accordingly, we allow the present petition and quash the impugned order dated 30.12.2025. 4. The petitioner shall be at liberty to submit a reply to the show cause notice dated 29.09.2025 within a period of two weeks from today. The authority concerned shall be at liberty to pass speaking order afresh after submission of reply to the show cause notice, as indicated above, expeditiously. 5. Pending applications, if any, shall stand disposed of accordingly. (ASHWANI KUMAR MISHRA) ACTING CHIEF JUSTICE (ROHIT KAPOOR) 03.07.2026 JUDGE neeraj Whether speaking/reasoned : Yes No Whether Reportable : Yes No NEERAJ 2026.07.06 12:47 I attest to the accuracy and integrity of this document