IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE 9TH DAY OF APRIL,TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE 0NOOTY RAMAMOHANA RAO WRIT PETITION NO : 372 of 2008 Between: Sri Tharakarama Exports, a partnership Firm, registered under the Indian Partnership Act, having its Registered office at 1-163 B-Block, SRK Godowns, Kotipalli Road, Turangi, Kakinada-533 016 East Godavari District, Rep by its Managing Partner SriCh. Satyanaryana Reddy, S/o. Late Appa Reddy ..... PETITIONER AND 1 The Commissioner of Customs and Central Excise, Customs House, Visakhapatnam. 2 The Assistant Commissioner of Customs and Central Excise, Customs Office, Kakinada, East Godavari District. 3 The Director General of Foreign Trade, Government of India, Ministry of Commerce and Industry, Department of Commerce, New Delhi. 4 The Joint Director General of Foreingn Trade, Udyog Bhavan, A-Block, Siripuram Junction, Visakhapatnam. 5 The Assistant Commissioner of Customs, Customs House, Visakhapatnam. .....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 will be pleased to issue an appropriate writ order or direction more particularly one in the nature of writ of mandamus declaring the inaction on the part of the respondents in not permitting the petitioner to file the manual shipping bill at kakinada port and allow transportation of the broken rice through containers by road to Visakhapatnam and Transshipment of the same through visakhapatnam Port to Dakar Senegal West Africa pursuant to the Rice purchase and sale contract bearing No.IND/163/2007 dated 21.9.2007 entered into by the petitioner with Capezzana shipping and Trading SA 18 R.ue du marhce-1204 Geneva, Switzerland after fulfilling all the formalities by the Customs at Kakinada including stuffing and sealing of containers at kakinada port as arbitrary, illegal, unjust violative of the Fundamental rights guaranteed under Articles 14,19(1)(g) and 21of the Constitution of India and issue a consequential direction to the respondents to forthwith permit the petitioner to the file manual shipping bills at kakinada port and allow transportation of the broken rice through containers by road to Visakhapatnam and transshipment of the same through Visakhapatnam port To Dakar Senegal West Africa after fulfilling all the formalities by the Customs at Kakinada, including stuffing and sealing of containers at Kakinada port and pass Counsel for the Petitioner:MR.S.SRINIVAS REDDY Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 372 of 2008 O R D E R: The learned counsel for the writ petitioner seeks permission to withdraw the writ petition. Permission is accorded and the writ petition is dismissed as withdrawn. No order as to costs. (NOOTY RAMAMOHANA RAO, J) Dated 9th April, 2008 Stp . .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RLD}