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2009 (7) TMI 571 - HC - CustomsAdvance licence, failure to issue- The petitioner had earlier filed a writ petition in 1998 claiming compensation of Rs.98,35,878/- with interest for failure of the respondent-authorities to issue value based advance licences in terms of Export and Import Policy for the year 1993-94. This Writ Petition was dismissed by the learned Single Judge and the Order was upheld in LPA No. 187/2002. The Division Bench noticed that the petitioner had alleged delay in processing of his applications for issue of export licences and alleged resultant loss. It was held that the writ jurisdiction was not correctly invoked and the controversy raised could be appropriately resolved in a regular suit. The petitioner thereafter filed a review application which was dismissed and a Special Leave Petition against the said orders passed by the Division Bench. Special Leave Petition was dismissed. Held that- The petitioner has filed a civil suit for recovery of damages before the Bombay High Court. Order dated 5th May, 2006 passed by the Division Bench quoted above in the said suit does not permit and allow the petitioner to start another round of litigation in a writ to claim damages. The representation made and its rejection in the present case, do not furnish a fresh cause of action, independent of the civil suit. - the petitioner has made sweeping and general allegations against the respondent-Union of India on the ground that his human rights and Fundamental Rights have been violated by failure to issue import licence in the year 1993-94. I do not see any reason to initiate contempt proceedings on the basis of the said general, vague and sweeping allegations.With the aforesaid observation, the Contempt Petition is also disposed of.
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