2016 (3) TMI 990 - HC - Customs

Validity of policy framed for classification of importers of poppy seeds - Policy framed by the government in categorizing the importers in Category-A and Category-B for importing poppy seeds from Turkey - Held that - by the impugned notification, categorizing the importers in two categories, that is, A and B, is withdrawn by the government and the government has decided to treat all the applicants in one category. Therefore, the challenge to the policy becomes infructuous. - Appeal disposed of

Summary

Issues:
Challenge to government policy categorizing importers in Category-A and Category-B for importing poppy seeds from Turkey.

Analysis:
The judgment pertains to an appeal against the rejection of an application under Article 226 of the Constitution challenging the government's policy of categorizing importers into Category-A and Category-B for importing poppy seeds from Turkey. The Hon'ble Single Judge had initially rejected the challenge, leading to the appeal. However, during the appeal hearing, it was revealed that the government had reconsidered the matter. The Additional Solicitor General informed the court that the government had decided to repeal the categorization and treat all applicants under one category. The appellant's counsel acknowledged this development, rendering the challenge to the policy moot. Despite the appellant not applying for an import license due to the challenge, the government, in a gesture of fairness, allowed the appellant to submit its application within a week without setting a precedent for future cases.

The court, with the consent of both parties, disposed of the writ appeal by recording the withdrawal of the impugned notification categorizing importers into two categories. The government's decision to treat all applicants in one category was noted. Even though the deadline for filing the application had passed, the respondents agreed to accept the appellant's application if submitted within a week, emphasizing that it would not create a precedent. The court directed the respondents to expedite the registration of contracts in light of the developments.

Subsequently, the writ appeal was disposed of, leading to the conclusion that the pending interlocutory applications were no longer relevant and were also disposed of. The court made no order as to costs in this matter.