2020 (5) TMI 329 - HC - Customs

Reallocation of Raw Petroleum Coke to the Petitioner commensurate to its total installed capacity - grievance of the applicant/petitioner is that it has a certificate reflecting its production capacity issued in November, 2018 but has other available documents relating to July, 2018 establishing that its enhanced capacity existed from July and was not created after 09.10.2018, i.e. after the judgment of the Supreme Court - HELD THAT - In agitating this issue qua the Public Notice dated 17.04.2018, it is in effect seeking a variation of this condition relating to the production capacity, as on 09.10.2018, so that when a decision is taken in the future for allocation of 1.4 LMT of imported RPC, the higher capacity is considered, to its benefit. Clearly, such a relief cannot be claimed by means of an application in a writ petition which is challenging a decision already taken in February, 2020. Moreover, this could open a pandora s box as others may have similar wish lists or grievances qua the conditions and modalities. Further, any variation in the conditions cannot be considered in the absence of the other players who are as of now not known as the last date for submission of applications is 05.05.2020. The scope of the writ petition cannot be permitted to be expanded so as to convert it almost into a Public Interest Litigation to question the conditions and modalities prescribed in a Public Notice dated 17.04.2020 issued by the DGFT. Application dismissed.

Summary

Issues:
1. Maintainability of the application seeking directions for RPC import quota allocation.
2. Consistency of relief sought in the current application and a prior application.
3. Validity of the Public Notice dated 17.04.2020 in relation to production capacity assessment.

Issue 1: Maintainability of the Application:
The petitioners filed an application seeking directions for the allocation of RPC import quota based on their production capacity. The respondents argued that the relief sought was previously denied by the Supreme Court, deeming the current application an abuse of the court process. The petitioners contended that their capacity to produce RPC was higher than assessed, supported by documents. The court noted that the pending application from the same petitioners made the maintainability of the current application questionable. However, the court did not delve into the maintainability issue due to the pending nature of the previous application.

Issue 2: Consistency of Relief Sought:
The petitioners' current application mirrored the relief sought in a prior application, both concerning the allocation of RPC for the fiscal year 2020-21. The respondents argued that the issuance of a Public Notice did not warrant a fresh cause of action for the petitioners. The petitioners contended that their production capacity had been consistently misrepresented, and the allocation should reflect the actual capacity. The court highlighted that the relief sought in the current application was similar to the pending application, questioning the necessity of a separate plea for the same relief.

Issue 3: Validity of Public Notice and Production Capacity Assessment:
The petitioners challenged the production capacity assessment based on the Public Notice issued on 17.04.2020. They argued that their capacity was established before the specified date, contrary to the assessment criteria. The court noted that challenging the assessment through the Public Notice was an attempt to alter the conditions for future allocation decisions. It emphasized that such variations could not be entertained through a writ petition challenging a prior decision. The court dismissed the application, clarifying that it did not opine on the maintainability of the writ petition and the pending application.

In conclusion, the court dismissed the application, emphasizing that challenging assessment criteria through a Public Notice was not permissible via a writ petition. The judgment underscored the need for consistency in relief sought and refrained from discussing the maintainability issue due to the pending nature of a previous application.