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Judgment
B.P. Jeevan Reddy, C.J.—Against the order of adjudication made by the Assistant Collector Excise on 22.6.1990 the petitioner says that he has filed an appeal before the appellate authority on 26.9.1990 along with stay petition. The petitioner says that no order has so far been passed on the stay petition. While we cannot say that the authority concerned is guilty of unreasonable delay in passing order on stay application, because the appeal and stay application has been filed recently just before the Dashhara holidays, it is but appropriate that it is disposed of early.
The counsel for the petitioner further relied upon Board circular No. 29/82, which is found referred to in the decision of this Court in Heera Electrodes Vs. Superintendent of Central Excise, . This circular seems to say that recovery proceedings are not to be resorted to for a period of four months from the date of receipt of communication of the order. We do not know whether the said circular is still in force. If the said circular is still in force, the authority concerned shall abide by it. It is also appropriate that the stay petition filed by the petitioner (along with appeal) be disposed at an early date preferably within four weeks of the production of the certified copy of this order before the appellate authority by the petitioner.
The petition stands disposed of accordingly.