9911796707
TMI Blog2015 (9) TMI 340X X X X Extracts X X X X X X X X Extracts X X X X ..... as already been completed – Therefore there is no necessity to pass any orders since export has already been completed subject to certain conditions, which was not questioned by Customs Department – No further order is required to be passed – Petition closed. Selling of unshipped quantity of goods – Petitioner challenges order passed by 2nd respondent to sell unshipped quantity of 250 MT of River sand – If second respondent is of opinion that sand, which was sought to be exported and presently lying in Karaikal Port premises has been quarried elsewhere other than Karaikal, that should have been ascertained after proper adjudication into matter for which purpose, petitioner should have been afforded opportunity – Since this procedure havi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hazard and damaging further. Therefore it has been proposed to handover the river sand to you for disposal the river sand seized under 21(4) of Mines and Minerals (Development and Regulation) Act, 1957. 3. The petitioner has challenged the order raising several contentions, primarily, stating that they have purchased sand from Karaikal and the District Collector could not have issued such a direction. 4. Earlier the petitioner filed W.P. No. 12301 of 2009, wherein, the petitioner sought for issuance of writ of Certiorarified Mandamus, wherein, seeking to quash the order of the second respondent dated 30-6-2009 and to direct the respondents 1 and 2 therein to forthwith issue necessary Sail Order to Vessel, m.v. ASEAN EXPRESS to leave ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quantity of the river sand, after hearing all the counsel, we specify the amount for which such bank guarantee has to be furnished as ₹ 16,00,000/- (Rupees sixteen lakhs only). The bank guarantee will be of a nationalised bank or a scheduled bank, which will be kept alive throughout the pendency of the proceedings. The bank guarantee would clearly state that in the event the writ petition is dismissed, the State Government will be entitled to encash it with interest. 6. The petitioner has complied with the order and direction issued by the Honourable Division Bench referred supra and has furnished Bank Guarantee for ₹ 16,00,000/- and the Bank Guarantee is kept valid till date and the export of quantity of 3,750 MT of river ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat he purchased the sand from traders in Karaikal. Therefore, if the second respondent viz., District Collector is of opinion that the sand, which was sought to be exported and presently lying in Karaikal Port premises has been quarried elsewhere other than Karaikal, that should have been ascertained after proper adjudication into the matter for which purpose, the petitioner should have been afforded an opportunity. This procedure having not been followed, the prima facie conclusion arrived at by the District Collector, which has resulted in the passing of the impugned order dated 9-9-2009 and the consequential orders dated 12-12-2009 and 29-12-2009 have to be faulted. However, in order to safeguard the interest of Revenue, this Court is i ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
