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2022 (10) TMI 1221 - HC - CustomsWithdrawal of permission for export of non-basmati rice by notification dated 15.10.2007 - subsequent withdrawal of notification - case of the petitioners is that the abrupt change in the policy is arbitrary and highhanded, affecting the vested rights of the petitioners and as such requires to be set aside - HELD THAT:- The 2nd respondent having accepted, in principle, the requirement of protecting the persons who had already acted on the existing policy, could not have restricted the protection to only the three categories mentioned in the impugned notification. As can be seen in the present case, the petitioners in all the three cases, acting on the basis of the existing policy, had entered into contracts with third parties outside India and had also procured the broken rice necessary to execute such contracts, even before the policy was changed. Prima of facie, a case is definitely made out for the petitioners to be allowed to export the broken rice which has already been procured by them and which is presently stored at various ware houses, even before 08.09.2022. In the circumstances, there shall be an interim direction to the respondents to permit the petitioners to export the broken rice stored by the petitioners at the ware houses before 08.09.2022 - Post on 27.10.2022, for counter.
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