SATYAJIT BAKSI Vs. UNION OF INDIA

JUDGEMENT

(1.) In the writ petition, the petitioner has challenged the intimation dated 23rd January, 2012 issued by the Assistant Commissioner of Customs (CHA), Custom House, Kolkata, Respondent No. 3, intimating that as the petitioner is not qualified under Regulation 8 of the Customs House Agents Licensing Regulation, 2004, his case was not considered by the appropriate authority on the grounds that under Regulations 8(vii) and 9 of the 2004 Regulation, the Commissioner of Customs is the appropriate authority to decide the matter and the impugned letter is vague. Submission has been made that the Commissioner of Customs (Administration and Airport), Kolkata, the Respondent No. 2, may be directed to consider the application dated 20th December, 2011 in accordance with law.

(2.) Heard the learned advocates for the parties. From a perusal of Regulations 8(vii) and 9 it is evident that the Commissioner of Customs is the appropriate authority for granting licence. In that view of the matter, the impugned intimation dated 23rd January, 2012 cannot be sustained and thus, the same is set aside and quashed.

(3.) Accordingly, the Commissioner of Customs (Administration and Airport), Kolkata, Respondent No. 2 shall consider the application of the petitioner dated 20th December, 2011 and shall pass a reasoned order within eight weeks from the date of presenting a copy of the certified copy of this order after giving an opportunity of hearing and after verifying the records. At the time of hearing, the petitioner is at liberty to rely on judgments and documents in support of his contentions and the Respondent No. 2 in his reasoned order shall deal with the same.