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2009 (1) TMI 280 - HC - CustomsConfiscation of goods for non production of licence - Release of goods challenged - Held that:- "Writ of Mandamus" lies on the principle "request and denial", which means, there should be a request by an individual and subsequent denial by the statutory authorities. In the present case, only one element, namely, "request" exists and the other, namely, "denial" absents. To put it differently, a request was made by the respondent and the same was under consideration by the appellants, but, there was no denial or rejection of the said request by the appellants. So, when the said request made by the respondent was under consideration by the authorities, it was unfair for the respondent to approach the writ court. At the same time, it was also not the case of the respondent that there was an inordinate delay in considering his request by the appellants. In such circumstances, the learned single Judge ought to have primarily looked into the maintainability of the Writ Petition itself. Instead, he ordered release of the goods, which, in our view, is not justiciable.
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