N THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE G.V.SEETHAPATHY WRIT PETITION No.13215 of 2009 Between: M/s. ARK Logistics Services (P) Limited, 1-11-252/11/3, Motilal Nehru Nagar, Begumpet, Hyderabad, Rep. by its Director, Mr. S. Anil Kumar. ..... PETITIONER AND 1 The Commissioner of Central Excise & Customs, Hyderabad-II Commissionerate,L.B. Stadium Road, Basheerbagh, Hyderabad - 500 004. 2 Assistant Commissioner of Customs Inland Container Depot, Sanathnagar, Hyderabad. 3 The Directorate of Revenue Intelligence, Hyderabad Regional Unit, D.No. 8-2-683/16/1/A, Road No. 12, Banjara Hills, Hyderabad. 4 Joint Commissioner of Customs, Hyderabad-II Commissionerate, L.B. Stadium Road, Basheerbagh, Hyderabad - 500 004. .....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 to issue an appropriate Writ or direction more particularly one in the nature of Writ of Mandamus, declaring the impugned order passed dated 15-6-2009 by the 1st respondent as illegal, unjustified and contrary to the provisions of law offending Art. 14, 19(1)(g) of the Constitution of India and pass Counsel for the Petitioner: MR.M.S.RAMCHANDRA RAO Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following Order: THE HON'BLE SMT. JUSTICE T.MEENA KUMARI AND THE HON'BLE SRI JUSTICE G.V.SEETHAPATHY WRIT PETITION No.13215 of 2009 ORDER: (Per the Hon’ble Smt. Justice T. Meena Kumari) This writ petition is filed seeking to declare order dated 15.06.2009 passed by Commissioner of Central Excise & Customs – first respondent herein, whereby the petitioner company was ordered to be revoked under Regulation 20 of the Customs House Agents Licensing Regulations, 2004, as arbitrary and illegal. It is alleged that the impugned order was passed without giving an opportunity of personal hearing to the petitioner. It is stated that against the impugned order, the petitioner filed Appeal No.420 of 2009 along with an interlocutory application seeking stay, before the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), South Zonal Bench, Bangalore and that since CESTAT is not functioning for some administrative reasons, the petitioner filed instant writ petition. It is submitted by the learned counsel for the petitioner that CESTAT has started functioning since yesterday and therefore a direction may be issued to CESTAT to dispose of the interlocutory application filed by the petitioner in Appeal No.420 of 2009. He further requested that the interim order of suspension passed by this Court on 07.07.2009 may be extended. Having heard Sri M.S. Ramachandra Rao, learned counsel for the petitioner and Sri A. Rajashekar Reddy, Assistant Solicitor General appearing for the respondents and in view of that fact that CESTAT is functioning since yesterday, we are of the opinion that it would suffice if a direction is issued to CESTAT to dispose of the interlocutory application filed in Appeal No.420 of 2009 within a period of three weeks from the date of receipt of a copy of this order. Till such time the interim order of suspension passed by this Court on 07.07.2009 shall continue. With the above directions, the Writ Petition is disposed of, at the admission stage. No order as to costs. ___________________ T.MEENA KUMARI, J Date:04th August, 2009 _________________ G.V.SEETHAPATHY, J Note: Registry to communicate this order to CESTAT, by wire, at parties costs. (B/o) GHN