PRIYANKA OVERSEAS LTD Vs. COMMR CIVIL SUPPLIES

JUDGEMENT

(1.) Both the writ petitions are common and Writ Appeal is filed against the order dated 20-2-1998 passed in W.P.M.P.No. 5486 of 1998 in W.P.No. 4581 of 1998; as such, are disposed of by this common Judgment.

(2.) Firstly, W P.No. 3819 of 1998 was filed to declare the action of the respondents in insisting for permits for export of rice to foreign countries as illegal and to further direct the respondents not to interfere or otherwise obstruct the petitioner from procuring and exporting the rice in pursuance of its Export Contract No. P7349, dated 30-12-1997. As the application filed by the petitioner seeking to grant permission to export the commodity was still pending with the 1st respondent-Commissioner, Civil Supplies, this Court by interim order dated 12-2-1998 passed in W.P.M.P.No. 4546 of 1998 directed to dispose of the said application by stipulating time. That application having been disposed of on 16-2-1998 by the 1st respondent in his Proceedings CCS Ref. No. P1/259/98E, questioning the same Writ Petition No. 4581 of 1998 has been filed.

(3.) Pending W.P.No. 4581 of 1998 directions have been sought for and by interim order dated 20-2-1998 passed in W.P.M.P.No. 5486 of 1998, a learned single Judge of this Court directed the respondents to grant permit to the petitioner as prayed for by 23-2-1998 on condition that the petitioner complies with the formalities in obtaining the permit. Writ Appeal No. 236 of 1998 has been filed against the said order and when it came for hearing as to admission on 24-2-1998 by way of lunch motion and after hearing both the learned Advocate General appearing for the appellant-Government and Mr. E. Manohar, the learned senior Counsel appearing for the respondent/ writ petitioner and having regard to their common plea that the writ petitions themselves should be disposed of, writ petitions and writ appeal were heard on 26-2-1998 and reserved for judgment for this day.