IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NOs.21977, 15933, 21978, 21912 and 21933 of 2007 1. WRIT PETITION NO.21977 of 2007 Between: M/s. H.K.T.Mining Pvt. Ltd. No.114, Danapur Village, Hospet Taluq, Bellary Dist. Karnataka, rep. by its Sr. Commercial Manager Shri T.G.Aswathnarayan. ...PETITIONER AND 1 The Assistant Commissioner of Customs Beach Road, Kakinada, E.G. District A.P. 2 State Bank of India, Commercial Branch, Bellary, Karnataka State, rep. by its Branch Manager. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue any writ, order or direction most particularly in the nature of Writ of Mandamus, declaring the action of the 1st respondent in invoking the Bank Guarantee pending the re-testing of the sample by Central Revenue Chemical Laboratory of the Customs Department at New Delhi as illegal, arbitrary, unjust and violative of the provisions of principles of Natural Justice and in violation of the constitutional rights guaranteed under the Art. 19(1)(g) of Constitution of India and pass such other order or orders in the interest of justice as this Hon'ble Court deems fit and proper. Counsel for the Petitioner: M/SC.KODANDA RAM Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) 2. WRIT PETITION NO.15933 of 2007 Between: M/s. Bagadiya Brothers Pvt. Ltd., "Bagadiya Mansion" 15/63, Jawahar Nagar, Raipur, Chattisgargh, Rep. by its General Manager, Mr.Sunil Patni. ...PETITIONER AND 1 The Assistant Commissioner of customs & Excise (Exports) Customs House, Port Avenue, Visakhapatnam. A.P. 2 Union Bank of India, Visakhapatnam Branch, Visakhapatnam - 530 001, rep. by its Branch Manager. 3 Union Bank of India, Main Branch Raipur, Chattisgargh, Rep. by its Branch Manager. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue any writ, order or direction most particularly in the nature of Writ of Mandamus, declaring the action of the 1st respondent in its Order in Original No. 53 of 2007 dated 18.7.2007 in refusing to send the sample for re-test to the Central Revenue Chemical Laboratory and confirming the demand of differential duty and ordering for encashment of bank guarantees as illegal, arbitrary, unjust and violative of the provisions of sec 128 of Customs Act, 1962, and in violation of the constitutional rights guaranteed under the Art. 19(1)(g) of Constitution of India and pass such other order or orders. Counsel for the Petitioner: M/SC.KODANDA RAM Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) 3. WRIT PETITION NO.21978 of 2007 Between: M/s. Steer Overseas Pvt. Ltd., 103, Sahid Nagar, 2nd Floor, Bhubaneswar - 751 007, Orissa State, Rep. by its Purchase Manager, Shri Anant Narayan. ...PETITIONER AND 1 The Assistant Commissioner of Customs Beach Road, Kakinada, E.G. District. A.P. 2 State Bank of India, Fortune Towers, Bhubaneshwar, Orissa State, rep. by its Branch Manager. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue any writ, order or direction most particularly in the nature of Writ of Mandamus, declaring the action of the 1st respondent in invoking the Bank Guarantee pending the re-testing of the sample by Central Revenue Chemical Laboratory of the Customs Department at New Delhi as illegal, arbitrary, unjust and violative of the provisions of principles of Natural Justice and in violation of the constitutional rights guaranteed under the Art. 19(1)(g) of Constitution of India and pass such other order or orders in the interest of justice as this Hon'ble Court deems fit and proper. Counsel for the Petitioner: M/SC.KODANDA RAM Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) 4. WRIT PETITION NO.21912 of 2007 Between: M/s.Deccan Mining Syndicate Pvt.Ltd., "Sumeer Mansion", 6 Martan Road, Bellary, Karnataka-583 101, rep., by its General Manager, Ritesh M.Jain. ...PETITIONER AND 1 The Assistant Commissioner of Customs, Beach Road, Kakinada, E.G.District, A.P., 2 State Bank of India, Commercial Branch, Bellary, Karnataka State, rep., by its Branch Manager. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue any writ, order or direction most particularly in the nature of writ of mandamus, declaring the action of the 1st respondent in invoking the Bank Guarantee pending the re-testing of the sample by Central Revenue Chemical Laboratory of the Customs Department at New Delhi as illegal, arbitrary, unjust and violative of the provisions of principles of natural justice and in violation of the Constitutional rights guaranteed under the Art.19(1)(g) of Constitution of India and pass such other order or orders in the interest of justice as this Hon'ble Court deems fit and proper. Counsel for the Petitioner: M/SC.KODANDA RAM Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) 5. WRIT PETITION NO.21933 of 2007 Between: M/s. Bharat Mines and Minerals. "Singhi Sadan" Infantry Road, Cantonment, Bellary - 583 104. Karnataka. Karnataka-583 101, rep., by its Senior Commercial Manager, Shri T. G. Aswathnarayan. ...PETITIONER AND 1 The Assistant Commissioner of Customs, Beach Road, Kakinada, E.G.District, A.P., 2 State Bank of India, Commercial Branch, Bellary, Karnataka State, rep., by its Branch Manager. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue any writ, order or direction most particularly in the nature of writ of mandamus, declaring the action of the 1st respondent in invoking the Bank Guarantee pending the re-testing of the sample by Central Revenue Chemical Laboratory of the Customs Department at New Delhi as illegal, arbitrary, unjust and violative of the provisions of principles of natural justice and in violation of the Constitutional rights guaranteed under the Art.19(1)(g) of Constitution of India and pass such other order or orders in the interest of justice as this Hon'ble Court deems fit and proper. Counsel for the Petitioner: M/SC.KODANDA RAM Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following: THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NOs.21977, 15933, 21978, 21912 and 21933 of 2007 COMMON ORDER: (Per the Hon’ble Mr Justice B.Prakash Rao) Since all these matters involve similar question, they are taken up together for disposal at the request of the learned counsel on either side. Learned Assistant Solicitor General submits that having regard to the orders already passed, this Court cannot interfere with the same. Learned counsel for the petitioner submits that the petitioner has already filed a regular appeal and the same is pending. This Court has granted interim direction on 11.10.2007 as under. “If the Bank guarantees have not been encashed, they shall not be encashed till further orders and the bank guarantees furnished by the petitioner shall be kept alive by the petitioner till further orders.” Having heard the counsel on either side and on perusal of the material available on record and having regard to the fact that the petitioner has already availed regular remedy of filing appeal, we are not inclined to entertain the Writ Petitions. Accordingly, all the Writ Petitions are dismissed with liberty to the petitioner to move before appropriate authority within a period of three weeks from today. The interim orders passed by this Court shall continue to remain in force until three weeks from today. No costs. _________________ (B.PRAKASH RAO, J) __________________ (C.Y.SOMAYAJULU, J) 3rd March 2008 Note: CC in three days B/O RRB