LAWS(CAL)-2013-9-52

HIRALAL @ HIRANAND Vs. COMMISSIONER OF CUSTOMS

Decided On September 19, 2013
Hiralal @ Hiranand Appellant
V/S
COMMISSIONER OF CUSTOMS Respondents

JUDGEMENT

(1.) THE respondents have raised an objection to the maintainability of the writ petition and as such the issue of maintainability is taken up as a preliminary one.

(2.) THE present writ petition has been filed praying for a writ in the nature of Mandamus commanding the respondents to release foreign exchange retained by the respondents authorities and for other reliefs.

(3.) THE petitioner asked for release of the foreign currency and the implementation of the order of the revisional authority. Since this was not done he filed a writ petition in the year 2011 challenging the order passed by the respondents and the inaction on the part of the respondent authorities in releasing the amount equivalent to foreign exchange. The writ petition was disposed of by a learned single judge of this court by an order dated December 21, 2011 by granting liberty to the petitioner to file a representation before the Commissioner of Customs (Airport), Kolkata in terms of the order passed by the revisional authority. It was further directed that if such revision was filed the same should be disposed of by the respondent no. 1 by passing a reasoned order within four weeks from the date of communication of the order in terms of the order passed by the revisional authority. The learned single judge further granted liberty to the petitioner to file appropriate application before the appropriate forum for other reliefs as prayed for in that writ petition.