9911796707
TMI Blog2023 (11) TMI 1233X X X X Extracts X X X X X X X X Extracts X X X X ..... other) under HS Code 1006 30 90 with immediate effect, and the clarification issued in Trade Notice No. 23/2023, dated 18.08.2023 of the 1st respondent and the further action of the respondents in not permitting export of consignments of the aforesaid non-basmati white rice that were contractually committed/ promised and Letters of Credit issued in favour of the petitioner in respect of the said contracts, before the date of imposition of the aforesaid ban/ prohibition under the notification dated 20.07.2023, as arbitrary, illegal, unjust and violative of principles of natural justice besides being violative of fundamental rights guaranteed under the Constitution of India. 2. This Court, by placing reliance on the orders passed by a coordi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... first contract was extended upto 31.12.2023. In fact, this Court while passing the oral order, had specifically mentioned the three contracts with the foreign buyers as well as permitting the petitioner to export the total quantity of rice in the three contracts entered prior to the date of notification i.e. 20.07.2023. Perhaps due to oversight, the said aspect has not been mentioned in the order. Hence, prayed to amend the order dated 19.10.2023 made in I.A. No. 1 of 2023. 4. Heard Sri S. Srinivasa Reddy, learned senior counsel for the petitioner, Sri Narasimha Sharma, learned Additional Solicitor General for respondents, representing Sri Y.V. Anil Kumar, learned Central Government counsel and Sri Y.N. Vivekananda, learned Standing counse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m direction given by this Court vide orders dated 19.10.2023 passed in I.A. No. 1 of 2023. 8. There is no dispute regarding existence of concluded contracts prior to issuance of the impugned notification. The impugned notification fetters the petitioner from discharging its obligations under concluded contracts. The interim direction granted by this Court only permits the petitioner to supply the rice that was stored in the warehouse before 20.07.2023. That would only facilitate the petitioner to discharge his obligations partially. It is fairly settled that notifications issued imposing restrictions shall not be permitted to operate retrospectively. No doubt the restrictions imposed in the notifications operate retrospectively and impede ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the constitutional validity of the notification.
12. Since the writ petitioner has withdrawn rest of the main relief sought in the writ petition whereby the constitutional validity of the impugned notification is questioned, nothing remains for adjudication in this writ petition and the same is liable to be closed.
13. Therefore, in view of the modification done to the interim relief granted vide orders dated 19.10.2023 passed in I.A. No. 1 of 2023 and since the petitioner has not pressed part of the relief sought in the writ petition, the writ petition is closed. There shall be no order as to costs.
As sequel thereto, miscellaneous petition, if any, pending shall stand closed. Interim orders, if any, shall stand vacated. X X X X Extracts X X X X X X X X Extracts X X X X
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