TMI Blog1994 (11) TMI 244X X X X Extracts X X X X X X X X Extracts X X X X ..... dent. [Order]. Although W.M.P. Nos. 27407/1994 and 26382 of 1994 in W.P. No. 17363 of 1994 are posted today, the writ petition itself is taken up for final hearing with the consent of the learned counsel for the parties. 2. Heard the learned counsel for the parties accordingly. 3. The petitioner in this writ petition has questioned the validity and correctness of the impugned order d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nding enquiry. 5. He submitted that the impugned order does not indicate anywhere that the Collector had formed an opinion to state that immediate action was necessary to suspend the licence to the petitioner pending enquiry contemplated for the contraventions. The learned counsel attacked the order of taking action under Regulation 21(1) on few more grounds. In my opinion they are not necessary ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om the impugned order. 7. I have considered the submissions made by the learned counsel for the parties. The power of the Collector to take action under Regulation 21(1) is not questioned in the writ petition. It cannot also be disputed that under Regulation 21(2) the Collector has the power to suspend the licence of a Customs House Agent when enquiry against such agent is pending or contemplate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed. The Collector gets jurisdiction to suspend the licence in cases where immediate action is necessary. In this view I consider it just and appropriate to pass the following order :- The writ petitions allowed and the impugned order dated 26-9-1994 issued by the respondent is quashed. It is open to the respondent if so desired to exercise the power under Section 21(2) and pass appropriate order ..... X X X X Extracts X X X X X X X X Extracts X X X X
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