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TMI Blog2011 (6) TMI 611X X X X Extracts X X X X X X X X Extracts X X X X ..... e with the order passed by the learned Single Judge. The appeal is accordingly dismissed. 4th respondent be directed to consider and dispose of the representation before issuing fresh trade licences on the basis of the impugned notification dated 18-5-2011 whereby and whereunder Actual User Condition is eschewed from the raft of conditions incorporated in a licence granted under TRQ. the 4th respondent, a public authority, will consider the representation of the petitioner dated 26-5-2011, if made as asserted, expeditiously - Goda Raghuram and P. Durga Prasad, JJ. REPRESENTED BY : Shri D.V. Seetharama Murthy, Senior Counsel, for the Appellant. [Judgment per : Goda Raghuram, J.]. The appellant is the writ petitioner and the appeal is direc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... el for the appellant would strenuously contend that the impugned has disastrous and pejorative consequences for cultivators and producers of Maize within the country; that the notification is unauthorized, since it is purported to have been issued in exercise of powers conferred under Para 2.4 of the Foreign Trade Policy, 2009-14 and Para 1.1 of the Handbook of Procedures (Vol. 1), 2009-14 and that neither of these provisions enable withdrawal of the condition limiting the import of Maize (covered by the conditions of Tariff Rate Quota (TRQ)) for the purpose of Actual Users. The learned Senior Counsel has drawn our attention to para 1.1 of the Handbook of Procedures, which is marginally titled Foreword . It however requires to be noticed th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of policy are essentially within the domain of the legislature or the authorized Executive authority as the case may be; the Government of India and the respondent. In the absence of a demonstrable and clear transgression of law or of other Constitutional limitations, exercise of power within the spectrum of policy inhering in the legislature or the Executive, as the case may be, the judicial branch would not interdict. 6. For the aforesaid reasons, we are in respectful agreement with the prima facie view of the learned Single Judge, on the basis of which interim relief has been declined. We accordingly see no reason to interfere with the order passed by the learned Single Judge. The appeal is accordingly dismissed. 7. Sri D.V. Seetharama ..... X X X X Extracts X X X X X X X X Extracts X X X X
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