Home Case Index All Cases Customs Customs + HC Customs - 2020 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (5) TMI 329 - HC - CustomsReallocation of Raw Petroleum Coke to the Petitioner commensurate to its total installed capacity - grievance of the applicant/petitioner is that it has a certificate reflecting its production capacity issued in November, 2018 but has other available documents relating to July, 2018 establishing that its enhanced capacity existed from July and was not created after 09.10.2018, i.e. after the judgment of the Supreme Court - HELD THAT:- In agitating this issue qua the Public Notice dated 17.04.2018, it is in effect seeking a variation of this condition relating to the production capacity, as on 09.10.2018, so that when a decision is taken in the future for allocation of 1.4 LMT of imported RPC, the higher capacity is considered, to its benefit. Clearly, such a relief cannot be claimed by means of an application in a writ petition which is challenging a decision already taken in February, 2020. Moreover, this could open a pandora’s box as others may have similar wish lists or grievances qua the conditions and modalities. Further, any variation in the conditions cannot be considered in the absence of the other players who are as of now not known as the last date for submission of applications is 05.05.2020. The scope of the writ petition cannot be permitted to be expanded so as to convert it almost into a Public Interest Litigation to question the conditions and modalities prescribed in a Public Notice dated 17.04.2020 issued by the DGFT. Application dismissed.
|