IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN & THE HON'BLE SRI JUSTICE P. DURGA PRASAD WRIT PETITION NOs:14118 & 14429 of 2011 Date : 31.5.2011 Between: M/s. XTRAA Clean Cities Limited, rep., by its Director. ..... PETITIONER AND The Government of India., rep., by its Secretary, Commerce & Export Promotion Central Secretariat, New Delhi and others. .....RESPONDENTS The Court made the following : THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN & THE HON'BLE SRI JUSTICE P. DURGA PRASAD WRIT PETITION NOs:14118 & 14429 of 2011 COMMON ORDER: (Per Hon’ble Sri Justice Ramesh Ranganathan) Heard Sri M.S. Prasad, learned Counsel appearing on behalf of the petitioner and Sri N.V. Ramanujam, learned Standing Counsel for the Central Government and at their request the writ petitions are disposed of at the stage of admission. W.P.No.14118 of 2011 was filed seeking a declaration that respondents 1, 3 & 4 alone are competent and authorized to deal with any matter of importing, processing and exporting of the material of the petitioner-company at Visakhapatnam Zone. A direction was sought to declare that the 2nd respondent’s officers did not have the authority to deal with matters of importing, processing and exporting of material of the petitioner-company including detention, seizure etc. This Court, by order dated 16.5.2011, directed the 3rd and 4th respondents to consider the petitioner’s representation dated 12.5.2011 for issuance of the certificate of origin GSP Form-A on or before 15.5.2011. The 3rd respondent, in compliance with the orders of this Court dated 16.5.2011 passed the order dated 17.5.2011. The petitioner’s grievance in W.P.No.14429 of 2011 is regarding denial of adequate opportunity of furnishing the requisite documents before the impugned order was passed by the 3rd respondent. Sri M.S. Prasad, learned Counsel for the petitioner would contend that since the order was passed without hearing the petitioner and without giving them a reasonable opportunity of being heard, the order is in violation of principles of natural justice and is required to be set aside. It is clear from the order referred to hereinabove that the 3rd respondent was required to pass orders on the very next day, and as such could not have granted the petitioner the time sought for to produce the documents. Since the order was passed on 17.5.2011 in view of the time fixed by this Court, the petitioner was not afforded a reasonable opportunity of producing the requisite documents, and of being given an opportunity of being heard. We consider it appropriate in such circumstances to dispose of both the writ petitions setting aside the order dated 17.5.2011 passed by the 3rd respondent, and permit him to pass an order afresh in accordance with law after putting the petitioner on notice afresh and giving them an opportunity of being heard including furnishing all such documents which they desire to submit. It is made clear that since the writ petitions are being disposed of on the ground of violation of principles of natural justice and not on merits, it is always open to the petitioner, in case they so choose, to raise all contentions urged in these writ petitions both before the 3rd respondent and in any subsequent proceedings. No costs. ______________________________ Justice Ramesh Ranganathan _________________________ Justice P. Durga Prasad Date: 31st May, 2011 Note: CC by 2.6.2011 B/O Nn.