SHIRDI SAI PULSES Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed by the importers and dealers of committees questioning the orders/notifications by which the Exim Code was modified. The prayer in the leading WP.No.552 of 2019 is as follows:

(2.) To issue order or direction, more particularly, one in the nature of Writ of Mandamus, declaring the action of the Respondent Nos.2 and 3 in (a) issue Notification No. 19/2015-2020 dated 05-08-201897 by modifying the Exim Code 07136000 which deals with Pigeon (peas (Cajanus cajan) / Toor Dal from FREE to RESTICTED and other interns falling in 07139010 and 07139090 regarding Split and other were also modified to Restricted as per the first modification as illegal, arbitrary, nonest in the eye of Law, without jurisdiction, Violation of Articles 14, 19(1)(g), and 21 of the Constitution of India and also violation of Sec. 6(3) of Foreign Trade (Development and Regulations) Act, 1992 and violation of the Principles of Natural Justice, (b) issuing consequential Notification vide Notification No.22/2015-2020, dtd. 21/08/2017 and Notification No.06/2015-2020, dtd. 04/05/2018, modifying various pulses falling in Exim Code 07133100, 07139010, 07139090 from FREE to RESTRICTED. Illegal, arbitrary, nonest in the eye of Law, without jurisdiction, Violation of Articles 14, 19(1) (g), and 21 of the Constitution of India and also violation of Sec. 6(3) of Foreign Trade (Development and Regulations) Act, 1992 and violation of the Principles of Natural Justice, (c) in Issuing consequential Trade Notice no.19/2018, dtd. 11/05/2018 and not permitting the Petitioner from importing Black Matpe falling in H.S. Code No.07133100 @20000 Metric Tons of FAQ and 20000 Metric Tons of SQ vide Sale Contract No.MIG / 0001/19, dtd. 2/1/2019 from MYINT GROUP PTE LTE., Trellis Tower - BLK, 700, Toa Payoh, Lorong 1, Lobby B #$ 29-07, Singapore 319773, as illegal, arbitrary, nonest in the eye of Law, without jurisdiction, Violation of Articles 14, 19(1) (g), and 21 of the Constitution of India and also violation of Sec. 6(3) of Foreign Trade (Development and Regulations) Act, 1992 and violation of the Principles of Natural Justice, (d) and consequently set aside the said Notifications and Trade Notice and permit the Petitioner to import Black Matpe falling in H.S. Code No.07133100 vide Sale Contract No.MIG/0001/19 dtd. 2/1/2019 from MYINT GROUP PTE LTED., Trellis Tower - BLK, 700, Toa Payoh, Lorong Lobby B # 29-07, Singapore 319773, and pass such other order or orders as the Hon'ble Court may deems fit and proper in the interest of Justice.

(3.) This Court has heard Sri P.S.P.Suresh Kumar, learned counsel for the petitioner and the Assistant Solicitor General for the Union of India. The facts in all the cases are virtually the same. Hence, WP.No.552 of 2019 was taken up for final disposal with the consent of the learned counsel.