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2024 (2) TMI 877 - ANDHRA PRADESH HIGH COURTValidity of permitting export in violation of notification - Supply of non-basmati Indian white rice - prohibited goods or not - challenge to notification bearing No. 20/2023, dated 20.07.2023. Petitioner took a stand that if the petitioner was not permitted to export the quantity of the aforesaid rice as per the contracts entered into by it, it would attract heavy damages by foreign buyers and result in huge financial loss to the petitioner. HELD THAT:- From the record, it can be seen that while in some writ petitions, Courts had permitted as an interim measure the export of rice, which was stored in the godowns of such petitioners, yet by virtue of the judgment and order impugned in the present Appeal, the learned single Judge appears to have permitted the export of the entire quantity of 18,900 MTs of the said rice which was otherwise a subject matter of contract between the petitioner and the foreign buyers, which, runs contrary to the notification, which was impugned in the writ petition, on which a view had to be expressed and the notification impugned had to be either upheld or set aside, which did not happen in the present case, in view of the fact that after obtaining the interim relief, the petitioner very conveniently sought to withdraw the challenge to the notification itself, which was impermissible. Matter remanded to the learned single Judge for consideration afresh along with the batch of petitions which are stated to be listed tomorrow i.e., on 16.02.2024, before the concerned Bench as per the roster. Registry to post the matter accordingly. Appeal disposed off.
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