9911796707
TMI Blog2015 (6) TMI 257X X X X Extracts X X X X X X X X Extracts X X X X ..... had, inter alia, held that writ discretion must be exercised by the court on grounds of public policy, public interest and public good. The writ is equitable in nature and thus, its issuance is governed by equitable principles. Refusal of relief must be for reasons which would lead to injustice. Applying the aforesaid principles, in the given facts and circumstances, it is apposite that this Court exercise its jurisdiction to enforce the respondents to perform their duty. In my view it is not necessary for this Court to refrain from exercising its jurisdiction under Article 226 of the Constitution of India on account of existence of an alternate remedy. - Decided in favour of appellant. X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner asserts that during the period 2012-14, the petitioner exported consignments of honey to a buyer in the United States of America. According to the petitioner, the said buyer did not require a certification from any Indian Agency and had also issued a letter to this effect. Admittedly, the petitioner had failed to apply for and obtain the inspection certificates with respect to the said consignments of honey. 5.2 The petitioner received a show cause notice dated 9-4-2014 from the EIA alleging that the petitioner had exported honey without the necessary certificate of export issued by the EIA and calling upon the petitioner to show cause why suitable penal action should not be taken against the petitioner for the above cited viol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Export Inspection Agency-Delhi was informed earlier vide this office letter EIA/DEL/Honey-CWI/Alert/2014-15/1125-1127, dated 12-6-2014. The certificates of inspection of two shipments are ready and shall be issued after receipt of the penalty amount." 6. I have heard the learned counsel for the parties. The respondents did not seek any opportunity to file a counter affidavit and the learned counsel advanced his arguments. 7. It was contended on behalf of the respondents that the petition ought to be dismissed on the ground that an alternative remedy of appeal under Rule 7 of the Rules was available to the petitioner. The learned counsel further referred to the pleadings and submitted that the same were vague and contradictory. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said powers, the Central Government had notified the Rules which came into effect on 4-3-2002. 10. In order to consider the present petition, it is not necessary to examine the controversy whether the past consignments of honey exported by the petitioner were in violation of the Rules. The EIA has already issued a show cause notice calling upon the petitioner to show cause why penal action should not be taken against the petitioner in that regard. The petitioner had responded to the said allegations and it is upon the EIA to pass any order in accordance with law. The learned counsel for the respondent Nos. 1 & 2 could not show any provision of law which entitled respondent Nos. 1 & 2 to withhold inspection certificates as a punitive m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cates. 13. It is also relevant to note that the consignments have been pending clearance for want of the necessary certificates since several months. The petitioner had made repeated representations for certificates to be provided in order that the said consignments could be exported. The EIA had also been put to notice that any delay in export clearance could result in the orders being cancelled. In the circumstances, the action of respondent Nos. 1 & 2 in withholding the certificates would amount to dereliction of their duty and is, clearly, irresponsible. The EIA is an agency which is entrusted with carrying on the functions as specified under the Rules and it is their duty to ensure that the same are performed. Any action that res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nciples. Refusal of relief must be for reasons which would lead to injustice." 15. Applying the aforesaid principles, in the given facts and circumstances, it is apposite that this Court exercise its jurisdiction to enforce the respondents to perform their duty. In my view it is not necessary for this Court to refrain from exercising its jurisdiction under Article 226 of the Constitution of India on account of existence of an alternate remedy. 16. In view of the above, the writ petition is allowed and the respondents are directed to issue the inspection certificates for all pending consignments within a period of two weeks from today. 17. It is clarified that the question, whether the exports made by the petitioner in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
