TMI Blog2023 (11) TMI 1231X X X X Extracts X X X X X X X X Extracts X X X X ..... cts prior to 20.07.2023 when the export of Non-Basmati White Rice was permissible and as we find that the exemptions granted exclude the petitioners who had acted on the basis of the existing policy, following the interim order passed by the Andhra Pradesh High Court in the case of Shri Chitra Agri Exports Others Versus Union of India Others[ 2022 (10) TMI 1221 - ANDHRA PRADESH HIGH COURT] , we are inclined to issue a similar direction. Accordingly, it is directed that the respondents shall permit the petitioners to export Non-Basmati White Rice that was stored by the petitioners at the concerned warehouses prior to 20.07.2023. This arrangement would be subject to outcome of the writ petition. The petitioners shall not claim any equity in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the notification they have invested huge amounts with a view to fulfill those commitments. Due to its issuance the petitioners would not be able to complete the said contracts. The exceptions provided for in the said notification do not take into account the contracts entered into prior to issuance of the notification. In this regard, reliance is sought to be placed on the order dated 12.10.2022 passed by the Andhra Pradesh High Court while considering a similar challenge to issuance of Notification No. 31/2015-2020 by which the export of broken rice was shifted from free category to the prohibited category . In addition the petitioners also seek to rely upon the decision in Director General of Foreign Trade Another Versus Kanak Exports Ano ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... export of Non-Basmati White Rice was permitted. Such export has now been prohibited since 20.07.2023. A somewhat similar challenge was considered by this Court in Writ Petition No. 5779 of 2007 [M/s Shah Nanji Nagsi Exports Pvt. Ltd. Versus Union of India Others] wherein Notification No. 43 dated 24.10.2007 imposing similar restrictions was under challenge. Therein the interim order was passed permitting export of rice brought into the godowns till the date indicated in the said order. The Andhra Pradesh High Court has granted an interim relief in somewhat similar circumstances in the case of Shri Chitra Agri Exports Others Versus Union of India Others [Writ Petition No. 32049 of 2022]. It has been observed that an abrupt change in policy ..... X X X X Extracts X X X X X X X X Extracts X X X X
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