Karnataka High Court
M/S K Kiran Tyres vs Union Of India on 23 January, 2023
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
WP No. 24726 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 24726 OF 2019 (GM-RES)
BETWEEN:
M/S K.KIRAN TYRES
REPRESENTED BY ITS PROPRIETOR,
SHRI NAVEEN H.K,
GROUND FLOOR, NO.4 & 5,
6TH CROSS,
HAMZASAB GALLI,
LALBAGH FORT ROAD,
BENGALURU - 560 004.
...PETITIONER
(BY SRI. RAGHAVENDRA B.HANJER., ADVOCATE)
AND:
1. UNION OF INDIA
Digitally signed REPRESENTED BY ITS SECRETARY,
by MINISTRY OF FINANCE,
PADMAVATHI
BK DEPARTMENT OF REVENUE,
Location: HIGH NORTH BLOCK,
COURT OF
KARNATAKA RASHTRAPATI BHAWAN,
DEFENCE HEAD QUARTERS,
NEW DELHI - 110 001.
2. THE COMMISSIONER OF CUSTOMS
BANGALORE COMMISSIONERATE,
C.R.BUILDINGS,
PB NO.5400
-2-
WP No. 24726 of 2019
QUEENS ROAD, BENGALURU - 560 001.
3. THE ASSISTANT COMMISSIONER OF CUSTOMS
INLAND CONTAINER DEPOT,
WHITEFIELD,
BENGALURU - 560 066.
...RESPONDENTS
(BY SRI.H.SHANTHIBHUSHAN, DSGI FOR R1;
SRI AMITH DESHPANDE., ADVOCATE FOR R-2 AND R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R-2 AND 3 TO CONSIDER THE REPRESENTATION
DTD:13.5.2019 [ANNEXURE-A] AND THEREBY. DIRECT THE
R-2 AND 3 RESPONDENTS TO PROVISIONALLY ASSESS THE
BILL OF ENTRY NO.2555443 DTD:25.3.2019 [ANNEXURE-E]
FILED FOR CLEARANCES OF FOUR [O4] CONTAINERS OF
IMPORTED GOODS AND ALSO THE ASSESS THE REMAINING
NINE [09] IMPORTED CONTAINERS PROVISIONALLY BY
PERMITTING THE PETITIONER FILE MANUAL BILL OF ENTRY
DURING THE PENDENCY OF PROCEEDINGS FOR SUSPENSION
OF IMPORT EXPORT CODE WITHOUT CHARGING ANY
PENALTY/CHARGES FOR THE DELAY IN FILING THE MAUNAL
BILL OF ENTRY DUE TO THE SUSPENSION OF IEC CODE
WITHOUT FOLLOWING THE PRINCIPLES OF NATURAL JUSTICE.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Learned counsel Sri.Raghavendra.B.Hanjer appearing for petitioner would submit that during the pendency of the -3- WP No. 24726 of 2019 petition the Adjudicating Authority has passed an order and therefore, the present petition is rendered infructuous.
Placing the said submission on record, petition is disposed as having become infructuous.
Sd/-
JUDGE BKP List No.: 1 Sl No.: 74