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2021 (7) TMI 231 - HC - CustomsSeeking clarification of Plant Quarantine (Regulation of Import into India) Order, 2003, more specifically, Regulations 9(1) and 9(3) - grant of relaxation issued pursuant to the office memorandum - HELD THAT - The issues raised by the petitioner involve certain disputed facts and circumstances. Thus, this Court cannot conduct an enquiry with reference to the documents and evidences, specifically, with reference to the provisions of the Regulations. Such an exercise cannot be done in a writ proceedings and therefore, the authorities competent has to consider the facts, as well as the grounds raised by the petitioner with reference to the said regulations. The 1st respondent is directed to consider the representation dated 06.10.2010 submitted by the petitioner on merits and in accordance with law and dispose of the same as expeditiously as possible and preferably, in a period of twelve weeks. Petition disposed off.
Issues:
Clarification of Plant Quarantine Regulations for PQ Clearance Certificate, Contradiction with official memorandum, Consideration of representation by 1st respondent. Analysis: The petitioner sought clarification on Regulations 9(1) and 9(3) of the Plant Quarantine (Regulation of Import into India) Order, 2003, specifically in relation to the PQ Clearance Certificate. The petitioner argued that the official memorandum dated 30th August, 2010, contradicted the Regulations, leading to confusion. The petitioner's representation dated 06.10.2010 was not considered, prompting the filing of the Writ Petition. The Court acknowledged that the issues involved disputed facts and circumstances, making it unsuitable for detailed enquiry in a writ proceeding. Instead, the competent authorities were directed to consider the petitioner's representation on its merits and in accordance with the law. The 1st respondent was instructed to review the representation submitted by the petitioner and dispose of it expeditiously, preferably within twelve weeks. The petitioner was required to provide a copy of the representation and any additional grounds within two weeks from receiving a copy of the court's order. As a result of the directions provided, the Writ Petition was disposed of without any costs being awarded.
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