Dismissed

Smt. Navedita Prakash Gawde and Ors. v. the Union of India through the Ministry of Finance Dept. of Revenue and Anr.

Bombay HC29 Sept 2014WP/9008/2014

Case brief

AI extract

What is this about?

The Bombay High Court dismissed a writ petition filed by legal heirs seeking to revive a Customs House Agent license held by their deceased father. The court held that the license was a personal privilege that did not accrue to the deceased effectively and refused to exercise writ jurisdiction to displace regulations reviving it.

What did the court decide?

The writ petition is dismissed; the petitioners are directed to apply for an independent license in accordance with regulations.

Smt. Navedita Prakash Gawde and Ors. Vs the Union of… — Company and Corporate | Bombay HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.9008 OF 2014

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Smt. Navedita Prakash Gawade & Ors.

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..Petitioners.

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V/s.

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The Union of India & Anr.

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..Respondents.

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Mr.Prakash Shah i/b. PDS Legal for the petitioner.

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Mr.Pradeep S. Jetly for the respondents.

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CORAM : S.C.DHARMADHIKARI AND A.K. MENON, JJ.

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DATED : 29TH SEPTEMBER, 2014

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P.C. :-

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This petition is filed by the legal heirs of one Mr.Prakash Gawde, now deceased.

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Mr.Prakash Gawde was issued a Customs House Agent Licence granted under the Customs House Agent Licensing Regulations, 1988/2004 (now Customs Broker Licensing Regulations, 2013).

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For certain alleged mis-dealings, said Mr.Prakash Gawde was proceeded against and the licence was cancelled. Against that cancellation, Mr.Prakash Gawde had approached the Tribunal and the Tribunal upheld the contention of Mr.Prakash Gawde and directed that the cancellation will be effective after 1^st October, 2005. The revenue approached this Court in Appeal against the order of the Tribunal, which was dismissed. The order of this Court was challenged in the Hon'ble Supreme Court and during the pendency of the proceedings before the Supreme Court, there was an interim stay. That means that whatever benefit was available under the Tribunal's order and in favour of said Mr.Prakash Gawde did not accrue to him. Unfortunately, he died during the pendency of the proceedings before the Supreme Court and his heirs were brought on record. The final order of the Supreme Court proceeded to dismiss the revenue's appeal and vacate the interim stay.

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Now, the heirs deciding to step into the shoes of deceased Mr.Prakash Gawde as the Customs House Agent License filed an application, but by the impugned order, the respondent authority have refused to grant the petitioners and particularly one Ms.Priyanka Prakash Gawde the benefits of the original licence. The conclusion is that the heirs cannot step in and in the manner sought.

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After having heard Mr.Prakash Shah for the petitioners and Mr.Pradeep Jetly for the respondents at some length, we do not find that in writ jurisdiction, the Customs House Agent License which was a privilege given to said deceased could be continued so as to benefit the heirs. The benefit of the order of the Tribunal was available to the deceased Mr.Prakash Gawde. There is no material on record to indicate that he has availed of the same. Unfortunately, after his demise, the heir has to comply with the requirement of the regulations and only then, will he get an independent licence. We cannot in our writ jurisdiction displace the regulations and direct that a licence which was not operative could be revived in the manner sought by the petitioners. In such circumstances, this is not a fit case to interfere in our discretionary and equitable jurisdiction under Article 226 of the Constitution of India. The writ petition is dismissed. No costs.

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In the event the petitioners or either of them wish to apply for grant of an independent Customs House Agent License, that application be considered in accordance therewith and uninfluenced by the outcome of the present writ petition.

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Smt. Navedita Prakash Gawde and Ors. v. the Union of India through the Ministry of Finance Dept. of Revenue and Anr.

Case brief

What is this about?

What did the court decide?

Smt. Navedita Prakash Gawde and Ors. v. the Union of India through the Ministry of Finance Dept. of Revenue and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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