PRATIC KUMAR SEN Vs. COLLECTOR OF CUSTOMS

JUDGEMENT

(1.) The petitioner Pratic Kumar Sen, claiming to be the Proprietor of the Sea King Shipping Agency, submitted an application on October 1,1981 to the Collector of Customs, Calcutta for the grant of Customs House Clearing Agents Licence under Section 146 of the Customs Act, 1962 . A copy of this application is Annexure C' to the petition.

(2.) In reply to the aforesaid application the petitioner received a letter dated February 10, 1982, from the Assistant Collector of Customs (Establishment and Administration), Calcutta informing him that it would not be possible to consider another application for a Clearing Agents Licence from him inasmuch as it is seen from the records that the petitioner is already holding a valid Clearing Agents Licence. A copy of this letter which is Annexure D' to the petition is the subject-matter of challenge in this Rule.

(3.) Mr. D.N. Das appearing on behalf of the petitioner submits that the impugned letter is in fact order of the Collector of Customs refusing the prayer of the petitioner for the grant of Clearing Agents Licence on extraneous considerations. According to Mr. Das the petitioner does not hold any Clearing Agents Licence in his own name but he is a partner of a firm, namely, Messrs Orient Transport Company, which holds a Clearing Agents Licence. As such, the petitioner in his personal capacity is entitled to hold another licence.