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2023 (7) TMI 644 - BOMBAY HIGH COURTCancellation of Advance Licenses - consideration of materials/documents and providing appropriate calculations to the petitioners so that the benefit under the licenses can be ascertained and whether the same would be available to the petitioners - HELD THAT:- Certainly, in exercise of jurisdiction of this Court under Article 226 of the Constitution, it may not be possible for this Court to exercise any executory jurisdiction. Article 226 of the Constitution would confer powers of judicial review on the High Court, to issue appropriate writs, when the aggrieved petitioners seek redressal in regard to infringement of any legal right or Constitutional rights. Certainly, this Court in exercise of jurisdiction under Article 226 of the Constitution would pass orders which are purely executory - In the present case, this Court had already adjudicated the writ petition filed by the petitioner in terms of a detailed order. All consequences under the order stand crystallized. In the event, there is any intentional breach or disobedience of the orders passed by this Court, the remedy for the petitioner was to file a contempt petition. In the absence of any intentional or deliberate disobedience, the remedy available for the petitioner is to execute the orders passed by the Court in execution proceedings, as provided in Rule 647 of contained in chapter XXXIII of the Bombay High Court (Original Side) Rules 1980, as the orders passed on Writ Petition are treated as a decree made in exercise of the Ordinary Original Civil Jurisdiction of this Court. There can be no two opinions on this clear position in law. The petition cannot be adjudicated upon - petition disposed off.
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