Rajasthan High Court - Jodhpur
Kirti Natural Stones Pvt Ltd vs Union Of India & Ors on 29 March, 2010
Author: Gopal Krishan Vyas
Bench: Gopal Krishan Vyas
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
:JUDGMENT:
1. D.B. CIVIL WRIT PETITION NO.5705/2008 (Shrinath Tiles Pvt. Ltd. Vs. U.O.I. & Ors.)
2. D.B. CIVIL WRIT PETITION NO.5736/2008 (Radhakrishna Marmo Pvt. Ltd. Vs. U.O.I. & Ors.)
3. D.B. CIVIL WRIT PETITION NO.5834/2008 (Kirti Natural Stones Pvt. Ltd. Vs. U.O.I. & Ors.)
4. D.B. CIVIL WRIT PETITION NO.5835/2008 (Exclusive Marmo Pvt. Ltd. Vs. U.O.I. & Ors.)
5. D.B. CIVIL WRIT PETITION NO.5836/2008 (Vandana Tiles Pvt. Ltd. Vs. U.O.I. & Ors.)
6. D.B. CIVIL WRIT PETITION NO.5837/2008 (Sainath Natural Stones Pvt. Ltd. Vs. U.O.I. & Ors.)
7. D.B. CIVIL WRIT PETITION NO.5838/2008 (Sagar Tiles Pvt. Ltd. Vs. U.O.I. & Ors.)
8. D.B. CIVIL WRIT PETITION NO.5839/2008 (Somani Tiles Pvt. Ltd. Vs. U.O.I. & Ors.)
9. D.B. CIVIL WRIT PETITION NO.5840/2008 (Rathi Tiles Pvt. Ltd. Vs. U.O.I. & Ors.)
10. D.B. CIVIL WRIT PETITION NO.5841/2008 (Maheshwari Marmo Pvt. Ltd. Vs. U.O.I. & Ors.)
11. D.B. CIVIL WRIT PETITION NO.5842/2008 (Kirti Tiles Pvt. Ltd. Vs. U.O.I. & Ors.)
12. D.B. CIVIL WRIT PETITION NO.5843/2008 (Rajhans Tiles Pvt. Ltd. Vs. U.O.I. & Ors.) 2
13. D.B. CIVIL WRIT PETITION NO.5844/2008 (Maheshwari Marbles Pvt. Ltd. Vs. U.O.I. & Ors.)
14. D.B. CIVIL WRIT PETITION NO.5845/2008 (Yuvraj Marbles Pvt. Ltd. Vs. U.O.I. & Ors.)
15. D.B. CIVIL WRIT PETITION NO.5846/2008 (Arawali Tiles Pvt. Ltd. Vs. U.O.I. & Ors.)
16. D.B. CIVIL WRIT PETITION NO.5847/2008 (Jain Tiles Pvt. Ltd. Vs. U.O.I. & Ors.)
17. D.B. CIVIL WRIT PETITION NO.6210/2008 (Mateshwari Tiles Pvt. Ltd. Vs. U.O.I. & Ors.)
18. D.B. CIVIL WRIT PETITION NO.6427/2008 (Alamdar Marbles Pvt. Ltd. Vs. U.O.I. & Ors.) Date of Judgment : 29.03.2010 .
PRESENT HON'BLE MR. JUSTICE A.M. KAPADIA HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Manish Shishodia, for the petitioners. Mr. P.S. Bhati } Mr. V.K. Mathur }, for respondents.
In the instant batch of these writ petitions, the relief prayed for by the petitioners is as follows :
(i) the impugned policy circular No.12(RE-
08)2004-2009 dated 27.6.2008, No.13(RE-08)2004- 3
2009 dated 30.6.2008, No.20(RE-08)2004-2009 dated 16.7.2008 so far as they restrict eligibility "to those applicants, who have made imports of these items in the preceding years when these items were in SIL list", "to units in operation since prior to 31.03.2001", "units should have indigenous sales turnover of marbles slab/tiles only, of Rs.1 Crore and above in each of the three financial years 2004-2005, 2005-06 and 2006-2007" may be declared illegal and ultra vires and be ordered to be struck off;
(ii) the petitioner may be held eligible for consideration under the impugned circulars dated 27.6.2008 and 30.6.2008 as well as 16.7.2008 for grant of import license;
(iii) any other appropriate writ, order or direction which may be considered just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner ;
(iv) that during pendency of the writ petition, all orders/circulars issued by the Government of India in additional to those impugned herein above that affect the eligibility of the petitioner for grant of import license, may be declared illegal and be quashed and set aside.
(v) That during pendency of the writ petition, if any action taken so as to grant licence to any other person or any order passed while considering the petitioner's application so as to hold the petitioner 4 not entitled for grant of import license on the basis of circulars challenged in this writ petition and other circulars issued by the Government of India in this regard, then that the said action or order may be declared illegal and be quashed and set aside.
(vi) costs of the writ petition may kindly be awarded to the petitioner.
The petitioners are claiming certain benefits in the policy which was in existence upto 2008. Admittedly, the said policy is not in existence, therefore, in our opinion, the policy itself is not in existence, therefore, no relief can be granted by this Court in the instance batch of writ petition.
Learned counsel for the petitioners has invited our attention towards the fact that in two other petitions, the transfer application was filed before Hon'ble Supreme Court in which the Hon'ble Supreme Court while entertaining transfer petitions passed an order for transferring those petitions before the Hon'ble Supreme Court. Therefore, the matter is pending before Hon'ble Supreme Court. It is true that upon transfer application filed by respondent Department, certain petitions were transferred to the Hon'ble Supreme Court but in this batch of writ petitions, no transfer petition has been filed by the respondent Department. Therefore, these petitions are pending. 5
After perusing the prayer made in these writ petitions, we are of the opinion that the policy in which the petitioners are claiming relief is not in existence, therefore, no adjudication is required in these writ petitions. If any, adjudication for grant of relief under the Foreign Trade Policy will be made by Hon'ble Supreme Court, then petitioners shall not be precluded from claiming the said relief. With these observation, this instant batch of writ petition is hereby dismissed.
(GOPAL KRISHAN VYAS), J (A.M. KAPADIA), J arun