- (1.) By means of the present writ petition the Petitioner seeks the following reliefs: (i) a writ, order or direction in the nature of certiorari quashing the auction notice dated 9th November, 2004 contained in Annexure No. 11 to the writ petition. (ii) a writ, order or direction in the nature of mandamus directing the opposite party No. 3 to release the original shipping bills (photocopies whereof are Annexure Nos. 3A to 3J to the writ petition) or their duly attested copies for submission of the same by the Petitioner to the Assistant Collector, Customs, Air Cargo, New Delhi. (iii) a writ, order or direction in the nature of mandamus commanding the Assistant Collector, Customs, Air Cargo, Indira Gandhi International Airport, New Delhi to release the DEEC books Nos. 007790, 007791 submitted by the Petitioner after making endorsement thereon for import and export made by the Petitioner's firm, M/s. Salma Arts, for submission of the same before the Joint Director General of Foreign Trade, Kanpur. (iv) a writ, order or direction in the nature of mandamus commanding the Joint Director General of Foreign Trade, Kanpur to decide the appeal filed by the Petitioner contained in Annexure No. 8 to the writ petition within the time to be allowed by the Hon'ble Court. (v) such other writ, order or direction as the Hon'ble Court may deem fit and proper on the facts and circumstances of the matter. (vi) award the cost of the petition to the Petitioner.
(2.) The brief facts of the case are that the Petitioner was a partner of a partnership firm named as "M/s. Salma Arts". In the said partnership firm the Petitioner was the partner along with his brother Mohd. Saleem Khan.
(3.) The partnership firm was carrying on the business of export of hand embroidered fabrics. The partnership firm was issued an advance import licence No. P/K/3045102 dated 12-9-1984 for a sum of Rs. 3,59,000/- for the import of 18,180 mtr. of 100% pure Silk Georgette of 44 inch subject to the conditions attached to the said licence.;