TMI Blog2021 (4) TMI 410X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 77 of the Customs Act, 1962 - HELD THAT:- Whether a specific averment has been taken either in the representation or in the affidavit filed in support of the writ petition that immediately on landing, the petitioner did make a declaration under Section 77 of the Act. The learned counsel for the petitioner is unable to draw my attention to any such averment either in the representation or in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... round that the import of mobile phones is in excess of permissible limit. Thereupon, the petitioner made a request vide representation dated 26.12.2020 for re-export. Since it was not considered, the present writ petition came to be filed for directing the first respondent to pass orders on his representation for re-export of the detained goods. 3.The petitioner's request is strongly oppose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ose of clearing it, make a declaration of its contents to the proper officer. 6.In the case on hand, the specific objection of the learned standing counsel is that the petitioner, having failed to make a declaration under Section 77 of the Customs Act, 1962 and having been intercepted when he was passing through the green channel, cannot maintain the writ petition. In this regard, he would plac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as sought for. Unless the person has legal right to seek consideration of one's representation, he cannot maintain a writ of mandamus. I find no ground to grant relief. The Writ Petition stands dismissed. However, the jurisdictional adjudicating authority is directed to conclude the adjudication proceedings on merits and in accordance with law within a period of eight weeks from the date of re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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