Page 186 - ELT_15th July 2020_Vol 373_Part 2

168 EXCISE LAW TIMES [ Vol. 373
better mechanism/policy for allotment of quota so as to make the process
much more competitive transparent, fair and reasonable - Article 14 of Consti-
tution of India. [paras 14, 18]
Application disposed of
CASES CITED
Centre for Public Interest Litigation v. Union of India — (2012) 3 SCC 1 — Relied on ............ [Paras 7, 16]
Chailihari Trading Pvt. Ltd. v. Union of India — Civil Writ Petition No. 7469 of 2019,
decided on 28-8-2019 by Bombay High Court — Referred ..................................................... [Para 14]
Devki Global Capital Pvt. Ltd. v. Union of India — Writ Petition (C) No. 7676 of 2019,
dated 11-9-2019 by Delhi High Court — Relied on ................................................................... [Para 19]
Pawan Bhatia v. State of Haryana — (2015) 4 RCR (Civil) 666 — Referred ............................... [Paras 8, 18]
Raj Kumar Chaudhary v. State of U.P. — (2012) 5 ADJ 427 — Referred .................................... [Paras 8, 17]
REPRESENTED BY : S/Shri Jay N. Shah, Jaimin R. Dave and Ms.
Namrata J. Shah, for the Petitioner.
S/Shri Devang Vyas and Nirzar S. Desai, for the
Respondent.
[Judgment per : J.B. Pardiwala, J. (Oral)]. - By this writ-application un-
der Article 226 of the Constitution of India, the writ-applicant, a proprietary firm,
through its proprietor, has prayed for the following reliefs :
“...that this Hon’ble Court be pleased to issue a writ of mandamus or a writ
in the nature of mandamus or a writ of certiorari or a writ in the nature of cer-
tiorari or any other appropriate writ, direction or order and be pleased to :
(a) Quash and set aside Public Notice No. PS-11/2019, dated 13th
September, 2019 at Annexure-F;
In the alternate
(b) Direct Respondent No. 2 herein to streamline the procedure
for Import of Poppy Seeds in India from Turkey pursuant to
Public Notice No. PS-11/2019, dated 13th September, 2019 so
as to ensure that procedure is fair, reasonable, transparent and
open to all the importers;
(c) Pending the hearing and final disposal of the petition, stay
implementation and operation of Public Notice No. PS-
11/2019, dated 13th September, 2019 and direction to not reg-
ister contracts or issue permits to import of Poppy Seeds
(WPS) from Turkey to India in accordance with Public Notice
No. PS-11/2019, dated 13th September, 2019.
(d) Any other relief as may be deemed fit in the interest of justice.
(e) To provide for the cost of this petition.”
2. The writ-applicant seeks to challenge the guidelines dated 13th Sep-
tember, 2019 for the registration of the sales contract for the import of the poppy
seeds from Turkey to India issued vide Public Notice No. PS-11-2019. The chal-
lenge is substantially on the following three grounds :
(1) The amended policy dated 25-6-2019 which is now substituted by
the policy dated 13-9-2019 is manifestly unjust and handmade for
the purpose of favouring few big players.
(2) The practice ‘first come first serve basis’ adopted in distributing the
State largesse is violative of Article 14 of the Constitution of India.

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