DALIP SINGH CHAUDHARY Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ application filed under Article 226 of the Constitution of India, petitioner prays for quashing of the order dated 16 -12 -1996 (Annexure -9), petitioner has been communicated that his customs House Agent Licence No. 2/CHA/82 is not fit to be renewed. His further prayer is to quash the order dated 28 -8 -1998 (Annexure -13), whereby petitioner has been informed that as licence condition has been violated, licence has been cancelled right from 19 -5 -1995 which cannot be renewed. His further prayer is to command the respondents to renew his customs House Agent Permanent Licence No. 2/CHA/82.

(2.) According to the petitioner, he applied for a Customs House Agent licence in the year 1982 under Section 6 of the Customs House Agent Licensing Regulations 1965 according to which, the minimum qualification required for grant of licence is passing of matriculation examination. It is the assertion of the petitioner that his application was processed and the licence was granted in favour of M/s Dalip Singh Choudhary and Om Prakash Sharma, partners of M/s Everest Road Carriers, 161/1 M.G. Road, C/O Everest Road Carriers (H.O.) Calcutta -7 which was valid till 31st December, 1983. According to the terms of the licence, the work was to be transacted through the petitioner. The aforesaid licence was granted to the petitioner under Section 10 of the Customs House Agents Licensing Regulation, 1965, which was renewed from time to time and the last renewal was from the year 1992 till 31 -12 -1995.

(3.) Petitioner's case further is that in the year 1993, the other partner, namely, Om Prakash Sharma suggested for dissolution of the partnership and accordingly a deed of dissolution (Annexure -3) was signed on 1 -10 -1993 in which it was stipulated that the licence in question shall be the sole property of the petitioner and said Om Prakash Sharma shall have no interest in the same. Petitioner has averred that by letter dated 17 -12 -1993, he intimated to respondent No. 3, i.e. the Assistant Commissioner (Tech), Customs Head Quarters, Patna giving details regarding dissolution of the firm by post under Certificate of Posting.