SUSHILKUMAR JIVANRAM GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard3 Mr. S.G. Jagtap, Adv. for the petitioner and Mr. S.K. Mishra, Assistant Solicitor General of India for the respondents. The prayer of the assessee is to direct the respondents to take steps and to implement the order dated 12-10-2010 passed by the Chief Commissioner of Customs. By the said order, earlier order dated 3-9-2010 suspending the license of the petitioner has been cancelled. The order dated 3-9-2010 issued under Regulation No. 20 of the Customs House Agents Licensing Regulations, 2004 (hereinafter referred to as "the Regulations of 2004") was earlier questioned before this Court in Writ Petition No. 4849 of 2010 and on 4-10-2010, that petition was allowed to be withdrawn with liberty to the petitioner to avail of the appropriate remedy in law.

(2.) It appears that, thereafter, the petitioner approached the Chief Commissioner of Customs and Central Excise by way of representation. That Authority has, on 12-10-2010, passed the order of which implementation is sought. The Authority has mentioned Regulation 20(2) of the Regulations of 2004 r/w. Section 5(2) of the Customs Act as source of power. According to Mr. Jagtap, Adv., said order is an administrative action.

(3.) It appears that, on 12-6-2012, a preliminary objection was raised before this Court on behalf of the Commissioner of Customs and Central Excise, Nagpur. In view of that objection, this Court has passed the following order: