R.K.Agrawal, J. - (1.) By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioner, M/s. Shine Travels and Cargo Pvt. Ltd., seeks a writ, order or direction in the nature of mandamus directing the Commissioner, Customs & Central Excise, Meerut, respondent no. 4 to regularize the temporary licence dated 20th November 2000 issued to the petitioner as Custom House Agent. It further seeks a writ of certiorari quashing the order dated 16th September 2002 passed by the Commissioner, Customs & Central Excise, Meerut, respondent no. 4, filed as Annexure 10 to the writ petition and the order dated 31st January 2003 passed by the Chief Commissioner, Customs & Central Excise, Meerut, respondent No. 3, filed as Annexure 12 to the writ petition.
(2.) Briefly slated, the facts giving rise to the present petition are as follows :- The petitioner is a private limited company and is engaged in the business of cargo clearance and claims itself to be a member of IATA and FIATA. It has its branches at Mumbai, Kolkata, Chennai, Bangalore, Bhadohi, Kanpur, Panipat and Moradabad. According to the petitioner, it has in its employment more than 300 persons. For getting the goods cleared at the Custom House, it requires a licence, known as, Custom House Agent Licence (hereinafter referred to as "the licence").
(3.) It applied for grant of a temporary licence which was issued on 20-11-2000 which was valid for a period of one year. The Custom House work, according to the licence, was to be transacted through one of the following persons, namely :- Sarvasri (i) Vinay Kumar Mishra; (ii) Mohan Tiwari; (iii) M.N. Bawari; (iv) Anil Yadav; and (v) R.S. Tiwari.;