IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 33560 of 1997 Between: Balaji Industrial Corporation Ltd, rep by its Managing Director, P.V.PRASANNA REDDY, Saraswathinagar, Darga Mitta, Nellore-1, Nellore District. ..... PETITIONER AND 1 Union of India, rep by its Secretary,Department of Revenue, Ministry of Finance, North Block, New Delhi. 2 The Central Board of Excise & Customs, North Block, New Delhi. 3 Commissioner of Central Excise, Guntur Commissionerate, Guntur District, Andhra Pradesh. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ of mandamus or any suitable writ or direction to the respondents to this petition declaring Sec 3A of the Central Excise Act, 1944 to be ultra vires the powers of the parliament and invalid and unenforceable against the petitioner company and further declaring that various rules and notifications issued by virtue of the powers conferred on the 1st respondent viz. The Government of India, more Particularly Notification Nos.24/97 dated 25.7.1997, and 30 to 33 and 47 and 48/97 CE(NT) dated 1.8.97 and Notifications Nos.44,45,58 and 59/97 CE(NT) dated 30.8.1997 providing for the fixation of the capacity fot the manufacture of ingots and torsion bars and rods are also bad inoperative and further declare clause (c) & (d) of sub rule 17 of rule and sub Rule 11 of rule 57s ultra vired the power of the Government to frame Counsel for the Petitioner:MR.A.G.SEETHARAM Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HON'BLE MR JUSTICE GODA RAGHURAM and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No.33560 of 1997 ORDER: (per the Hon’ble Sri Justice Goda Raghuram) When the matter is called, there is no representation on behalf of the petitioner. Accordingly, the writ petition is dismissed for default. There shall be no order as to costs. ____________________ GODA RAGHURAM, J _____________________ P.V.SANJAY KUMAR, J Date: 11-12-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{ }