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2023 (11) TMI 1233 - ANDHRA PRADESH HIGH COURTSeeking to permit the export Of non basmati Indian White Rice with HS code 1006 30 90 - issuance of Notification No. 20/2023 - banning/ prohibiting export of Non-basmati white rice - contracts entered into prior to the date of the impugned notification - HELD THAT:- There is no dispute regarding existence of concluded contracts prior to issuance of the impugned notification. The impugned notification fetters the petitioner from discharging its obligations under concluded contracts. The interim direction granted by this Court only permits the petitioner to supply the rice that was stored in the warehouse before 20.07.2023. That would only facilitate the petitioner to discharge his obligations partially. It is fairly settled that notifications issued imposing restrictions shall not be permitted to operate retrospectively. No doubt the restrictions imposed in the notifications operate retrospectively and impede the traders from honouring their obligations. Such impediment is impermissible being in violation of the doctrine legitimate expectation. Thus, without expressing any opinion on the constitutional validity of the impugned notification, the interim orders dated 19.10.2023 passed in I.A. No. 1 of 2023 is modified and the petitioner is permitted to export 18,900 Mts. of non-basmati Indian White Rice with HS Code 1006 30 80 in discharge of the contractual obligation under concluded contracts. Accordingly, I.A. No. 2 of 2023 is allowed. Therefore, in view of the modification done to the interim relief granted vide orders dated 19.10.2023 passed in I.A. No. 1 of 2023 and since the petitioner has not pressed part of the relief sought in the writ petition, the writ petition is closed.
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