JANARDHAN SRIVASTAVA Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India seeks the quashing of the orders dated November 4, 1982 and July 7, 1983 passed by respondent No. 3 and further a writ of mandamus directing respondents 1 to 3 to issue import licence to the petitioner for import of sub-assemblies of the value of Rs. 26,400 and for import of loud-speakers (cone type) of the value of Rs. 6,600.

(2.) The petitioner is a citizen of India and is carrying on small scale industry of manufacturing tape recorders, two- in-one tape recorders plus radio and tape recorders/car cassette player, combination thereof with the radio under the name and style of M/s. Jugglie Electronics. In order to manufacture the aforesaid items, it sometimes becomes necessary for the petitioner to import certain items/parts from abroad. The import policy for the period April, 1981 to March, 1982 (for short called AM 1982) was declared and issued by the Government of India. The Government released a Hand Book of Import-Export Procedures, 1981-82 also and laid down a procedure for obtaining supplementary licences.

(3.) The sponsoring authority in case of grant of licence to the petitioner is the Director of Industries, Delhi. The petitioner applied for supplementary import licences for raw materials, components and sub-assemblies and spares to the extent of Rs. 7 lacs on January 27, 1982. The application was made after obtaining the automatic licence for AM - 1982. The Director of Industries, Delhi after considering the application of the petitioner for grant of supplementary licence recommended for the grant of supplementary licence of the value of Rs. 3,31,000. The particulars of goods recommended included items in Appendix V and Appendix 3 for AM-1982 and a list was enclosed. It included at serial No. 17 sub-assemblies of the value of Rs. 26,400 and at serial No. 18 loud-speakers (cone type) of Appendix 3 of the value of Rs. 6,600. The Joint Chief Controller of Imports & Exports granted a licence dated June 3, 1982 for Rs. 1,99,634. CCI & E, also called for the furnishing of the break-up value of Items 6 to 16 in the list.