TRIDENT CREATION Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India has been filed with the following substantive prayers:

(2.) HEARD Mr. Devan Parikh, learned advocate appearing on behalf the petitioners and Mr. A. Y. Kogje, learned Standing Counsel appearing on behalf of the respondents.

(3.) THE facts are not in dispute. THE petitioners have made applications for conversion of their free shipping bills to DEPB shipping bills. By the impugned communication/order dated 16.02.2004, the petitioners have been informed that conversion of free shipping bills into Advance Licence/DEPB/DFRC shipping bills is disallowed in view of the supersession of Circular NO.6/2003-cus dated 28.1.2003 by Circular No.04/2004-Cus dated 16.1.2004. It is the specific case of the petitioners that the said order has been passed without affording any opportunity of hearing to the petitioners. It is not even the case of the respondents that the petitioners were heard prior to disallowing the petitioners request for conversion of their free shipping bills to DEPB shipping bills. In the circumstances, prior to passing any adverse order on the applications made by the petitioners, it was incumbent upon the respondents to follow the principles of natural justice. THE impugned order having been passed without affording any opportunity of hearing to the petitioners is, therefore, violative of the principles of natural justice and as such cannot be sustained.