SANDEEP OJHA Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner seeks the nullification of the condition for revalidation of the license issued to him. An 'Advance License' was issued to the petitioner on 3.3.1993. This Advance License enabling the import of goods specified in the license refers that the license is "Against Export Order". There is an abbreviation" AU (RE)". The letters 'AU', it is stated, refers to the term 'Actual User'.

(2.) Since Polypropylene, one of the specified goods was subsequently included in the sensitive list, its importation as to the quantity was affected. In C.W.P. 871 of 1994 (Hari Export vs. Director General of Foreign Trade And Another) I have held that the impugned Notifications would not affect the license issued to the petitioner therein, having regard to the particular facts. In the said case, it is held that the respondents have not proved that the Notifications of January 1994 were in public interest, therefore, there was nothing to override the equity infavour of the petitioner under the doctrine of promissory estopple. Further, it is held that the two Notifications impugned therein affected as unreasonable restriction on the fundamental right of the petitioner under Article 19(l)(g) of the Constitution. The entire decision is based on the particular facts and therefore the Notifications were not invalidated, but they were held as inoperative on the petitioner's license dated 6.7.1993 during its current period.

(3.) The facts of the present case are different. Petitioner does not seek any relief for the current period of the license, which expired on 2.3.1994. According to the petitioner, he has a right to seek revalidation of the license and the application for revalidation has to be filed within amonth prior to the expiry of the license period. Since the goods covered by the license has been added to the sensitive list during the period of license a condition for revalidation or the license was also inserted on 17.12.1993 by amending para 125 of Hand Book of Procedures (Vol. 1) 1992- 97 (edition: March 1993). As per this amendment "the license may be revalidated only once subject to actual users conditions". Earlier para 125 was as follows:-