ANDHRA INDUSTRIAL WORKS Vs. CHIEF CONTROLLER OF IMPORTS

JUDGEMENT

(1.) In these four writ petitions under Article 32 of the Constitution, the parties and the basic questions for determination are the same. They will therefore be disposed of by a common judgment.

(2.) The petitioner-firm is dealing the manufacture of automobile parts, wires and cables. The petitioner made four applications on November 5, 1969, March 23, 1970, November 5, 1970 and November 6, 1970, for the grant of licences to import stainless steel sheets and electrolytic, copper wire bars, for the period April-March 1970 and April-March 1971. At the time of the receipt of the first application dated November 5, 1969, Respondent 3 (Deputy Chief Controller of Imports and Exports, Hyderabad) received some complaints that the petitioner firm was mis-utilizing the imported material. After a preliminary investigation made by the C.B.I., a First Information Report was registered on December 12, 1969 with the police against the petitioner-firm and some others in respect of the commission of offences under Section 5 of the Imports (Control) Act, 1947 read with clause 5 of the Imports (Control) Order, 1948. In the normal course, such applications should have been disposed of within three weeks of the dates on which they were received. Since the respondents did not dispose of the applications, the petitioner-firm filed four writ petitions. (Nos. 3526-3529 of 1971) in the High Court of Madras praying for the issue of writ of Mandamus directing the respondents to issue the import licenses applied for.

(3.) Before the High Court, no counter-affidavit was filed by the Respondents. The High Court, instead of issuing a writ of Mandamus, directed the Respondents to consider and dispose of the applications in accordance with law as expeditiously as possible. The applications were however not disposed of for another five months. On September 20, 1970, the petitioner moved the High Court for proceeding against the authorities for contempt of its order. Thereafter, on October 22, 1972, the petitioner caused a notice by registered post to be served on the respondents.