CHANDRAKANT KRISHNARAO PRADHAN TULSIDAS KHIMJI AND COMPANY Vs. JASJIT SINGH THE COLLECTOR OF CUSTOMS BOMBAYIN ALL PETITIONS :JASJIT SINGH THE COLLECTOR OF CUSTOMS BOMBAYIN ALL PETITIONS

JUDGEMENT

(1.) These writ petitions raise identical questions, and a common argument was addressed to the Court in all of them. Petitions Nos. 80 and 80A of 1960 have been filed by two petitioners. One petitioner holds a 'permanent' licence and the other, a 'temporary' licence renewable trienially, to work as Dalals at New Customs House, Bombay. In the other petitions also , Petitioners Nos. 1 to 50 hold permanent licences, and petitioners Nos. 51 to 99 hold temporary but renewable licences. Some of the permanent licences were issued in 1936, and some of the temporary licences were issued as far back as 1944. These licences, whether permanent or temporary, were issued under S.202 of the Sea Customs Act, 1878, prior to its amendment by the Sea Customs (Amendment ) Act, 1955 (Act 21 of 1955), They were issued after a brief enquiry and subject to the fulfilment by the applicant of the following conditions :

(2.) In 1955, by the amending Act, S. 202 was substituted by another section. The section now reads :

(3.) As a result of the enactment of this section, the original licences, whether permanent or temporary, would have become ineffective after the date to be specified by the Central Government. It became necessary for the petitioners and others to apply for licences granted in accordance with the rules framed under sub-s. (2). These rules were framed, and public notices were issued inviting applications; but the dates were postponed till the rules were published i.e. the Gazette on May14, 1960. It is not necessary to refer to the prior history of case rules and to the many representations that were made, as they are not relevant. On June 18, 1960, a public notice (No. 87) was issued fixing June 25, 1900, as the last date for making applications for the new licences, and the persons affected were informed that the operation of the new licences under the rules would commence on July 14, 1960. On June 27,1960, Writ Petitions Nos. 80 and 80A of 1960 were filed, followed by Writ Petitions Nos. 81 and 116 to 213 of 1960 filed on July 12, 1960. An ex parte ad interim stay of the revocation of the existing licences was of obtained from this Court, and subsequently, the respondents undertook to issue to the petitioners special temporary licences renewable yearly till the disposal of these petitions.