2014 (9) TMI 1148 - HC - Customs

Benefits of original license by legal heirs of deceased - petitioner (legal heir) stepping into the shoes of deceased - Held that - The benefit of the order of the Tribunal was available to the deceased Mr. Prakash Gawde. There is no material on record to indicate that he has availed of the same. Unfortunately, after his demise, the heir has to comply with the requirement of the regulations and only then, will he get an independent licence. We cannot in our writ jurisdiction displace the regulations and direct that a licence which was not operative could be revived in the manner sought by the petitioners. Petition dismissed.

Summary

Issues:
1. Interpretation of Customs House Agent Licensing Regulations.
2. Transfer of benefits of a licence to legal heirs.
3. Writ jurisdiction to revive an inoperative licence.

Analysis:
1. The judgment revolves around the interpretation of Customs House Agent Licensing Regulations in the context of transferring benefits of a licence to legal heirs. The deceased individual, Mr. Prakash Gawde, held a Customs House Agent Licence which was later cancelled due to alleged mis-dealings. Despite legal proceedings, the licence cancellation was upheld, and the Supreme Court dismissed the appeal, vacating the interim stay.

2. The legal heirs of Mr. Prakash Gawde sought to step into his shoes and obtain the benefits of the original licence. However, the respondent authority refused to grant the benefits to the heirs, stating that they cannot step in as sought. The court emphasized that the benefit of the Tribunal's order was available to the deceased, and there was no evidence that he had utilized it. The heirs were required to comply with regulations independently to obtain a licence.

3. The court, after hearing arguments from both parties, concluded that in their writ jurisdiction, they could not revive an inoperative licence for the benefit of the deceased's heirs. The judgment highlighted the necessity for the heirs to follow the regulations independently to acquire a licence. The court declined to interfere in a discretionary and equitable manner under Article 226 of the Constitution of India and dismissed the writ petition without costs.

4. The judgment directed that if the petitioners wished to apply for an independent Customs House Agent License, their application should be considered without influence from the outcome of the dismissed writ petition. This aspect emphasized the importance of adhering to the regulatory requirements for obtaining a licence, even in cases involving legal heirs seeking to continue the business operations.