LAWS(GJH)-2022-7-1329

KANSAL TIMBER STORE Vs. UNION OF INDIA

Decided On July 11, 2022
Kansal Timber Store Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) RULE. Learned advocate Mr.Bhatt waives service of notice of rule for and on behalf of the respondents.

(2.) At the outset, learned advocate Mr.Bhatt appearing for the respondents has submitted that the issue is squarely covered in the judgement dtd. 28/6/2022 passed in Special Civil Application No.16280 of 2021 and allied matters.

(3.) All the petitioners are dealing with the import of timber wood and have to treat such wood with fumigation process for pest control. The petitioners are constrained to file the present petitions against the action of demand of additional fine/ charge/ penalty 5 times of regular fees by the respondents from the petitioners purportedly under Clause 14 (2) of Chapter-VI of the Plant Quarantine Order (Regulation of Import into India), 2003 (hereinafter referred to as 'the PQ Order, 2003). The petitioners also seek to challenge the condition/s imposed by the respondents by way of Office Memorandum No.8-131/2016-PP.II dtd. 28/6/2017 and Office Memorandum No.8-131/2016-PP II dtd. 27/12/2018, thereby demanding the above referred penalty/ additional charges.