Calcutta High Court
Mishra & Mishra (Agencies) Enterprises ... vs Union Of India & Ors on 14 January, 2009
Author: Soumitra Pal
Bench: Soumitra Pal
WP No. 1804 of 2008
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
MISHRA & MISHRA (AGENCIES) ENTERPRISES & ANR Plaintiff/Petitioner/Applicant
Versus
UNION OF INDIA & ORS Defendant/Respondent
For Plaintiff/Petitioner : Mr.Ramesh Chowdhury, Advocate.
BEFORE:
The Hon'ble JUSTICE SOUMITRA PAL Date : 14th January, 2009.
The Court : Let affidavit of service filed in court today be kept with the records.
Despite service none appears on behalf of the respondent. In this writ petition the petitioner has challenged the notice of suspension dated 1st December, 2008 passed by the Commissioner of Customs (Administration), Kolkata, respondent no.2 on the ground that the allegations made in the impugned notice are incorrect and the department while suspending the license of the petitioner under Regulation 20 of the Customs House Agents Licensing Regulation, 2004 did not follow the procedures as enumerated under Regulation 22 of the said Regulation. Further, it 2 has been submitted that the issue in question is covered by the judgement and order passed in W.P.No.195 of 2008 (Mishra & Mishra (Agencies) Enterprises & Anr. -vs- Union of India & Ors) which was decided on 25th March, 2008.
Having heard the learned advocate for the petitioner, as I find that the issue in question is covered by the judgement and order passed in W.P.No.195 of 2008 (Mishra & Mishra (Agencies) Enterprises & Anr. Vs. Union of India & Ors) the impugned notice dated 1st December, 2008 cannot be sustained and is, thus, set aside and quashed.
The writ petition is allowed.
No order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the appearing parties on priority basis.
(SOUMITRA PAL, J.) ssaha RO(ct)