IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 12549 of 1997 Between: 1 M/s. Hilton Tobaccos, Rep By Its Partner, Mr.B.V.S.R.V.Prasad, H-1, Samrat Comples, Saifabad, Hyderabad. 2 Mr.B.V.S.R.V.Prasad, Partner, M/s. Hilton Tobaccos. H-1, Samrat Complex, Saifabad, Hyderabad. ..... PETITIONERS AND 1 The Commissioner of Central Excise, Basheerbagh, Hyderabad. 2 The Assistant Commissioner of Central Excise, Hyderabad II Division, Hyderabad. 3 The Collector, Central Excise, Fathe Maidan Road, Hyderabad. 4 M/s. Sri Chandra Tobacco Ltd., 6-3-456/24, 2nd Floor, Opp: Tulasi Super Market, Panjagutta, Hyderabad. .....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 or order more particular in the nature of Writ of Mandamus calling for the records, and declare that the rule 230 of Central Excise Rules, 1944 is ultra virus, unconstitutional thereby the action of the respondents 1 to 3 in refusing the permission to repossess their own machinery ['AMF Sasib' 3- 79, with inscription of the petitioner's company name, imported from international Tobacco Machinery B.V.Kampen, Holland] consequently declare that the petitioners are entitled to repossess the same from the respondents herein and pass such other order or orders as the Hon'ble Court deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.N.V.RAMANUJAM Counsel for the Respondents.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE P.V. SANJAY KUMAR WRIT PETITION NO :12549 of 1997 ORDER: (Per the Honourable Smt. Justice T.Meena Kumari) On 21.8.2008, when this matter was taken up for hearing, none appeared and hence, the matter was posted under the caption of dismissal. Though the matter has been posted to today under the caption of dismissal, neither the learned counsel for the petitioners is present nor any representation is made. Hence, this writ petition is dismissed for default. No costs. ______________________ Justice T.Meena Kumari _________________________ Justice P.V. Sanjay Kumar Dated:25.8.2008 Nn/gurc THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE P.V. SANJAY KUMAR WRIT PETITION NO :12549 of 1997 (Division Bench Order delivered by Honourable Smt. Justice T.Meena Kumari) 25/08/2008 ,