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2022 (3) TMI 1505 - GUJARAT HIGH COURTSeeking export of 3006.110 M.T. of broken Rice - prohibited goods or not - applicability of notification dated 8.9.2022 to the broken rice procured by petitioner No.1 prior to the date of the notification - applicability of principle of promissory estoppel and doctrine of legitimaye expectation - HELD THAT:- The challenge to the policy of prohibition brought into force by notification dated 08.09.2022 would stand weak before the Court. It is trite principle that the Court will not enter into the wisdom of the policy in the economic area as may be envisaged and applied by the Governmental authorities. The field of the policy makers is different than the functions of the courts. The courts, unless the policy is manifestly arbitrary or mala fide, could not interfere. This dictum is applicable stricter when it comes to the framing and/or amending the policies in the economic area, to scuttle the scope of judicial review even further. For whatever considerations the change in the export policy of broken rice has been introduced banning the export, the area is not one to be probed by the Court. Although the petitioner has sought to contend that the ground of food security in the country put forward by the respondents to justify the change in the policy, to be factually incorrect, the Court would not substitute its own consideration against that of the policy makers. There may be host of considerations which may have actuated the respondents to prohibit the export of the broken rice - The principle of promissory estoppel also cannot be applied when there has been a change in policy to contend that the changed policy should continue. The policy, the policy considerations and the change and alteration in the policy is the domain of Executive. The doctrine of legitimate expectation has a play in the facts and circumstances obtained. The measure of change of policy prohibiting the export of broken rice was a sudden measure which unsettled the regular affair of the exporters who were engaged in the exporting of the commodity in question. The prohibitory policy, therefore, was required to be preceded with certain regulatory or adjustive measures at the end of the authority in order to create minimal adverse effect on the class of exporters - When the notification dated 12.10.2022 was issued and quota of broken rice was offered for export to the exporters, notwithstanding the policy of prohibition, the petitioner was entitled to seek such benefit. The petitioner was within its right to assert its claim. He could be said to be the first amongst the equals within the class of the exporters who were to be permitted to utilise the said export quota as the petitioner had altered its position to put itself to detriment by procuring the rice under contract to export. The respondent authorities are directed to treat the petitioner at par with those other exporters whose cases are to be considered on pro-rata basis for the purpose of permitting the export of broken rice HS CODE 1006 40 00 within the quota of 3,97,267 MT stipulated under Notification dated 12.10.2022 - Petition disposed off.
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