- (1.) In this writ petition, M/s. Bharat Ware Housing Corporation, and others have challenged a show cause notice dated 19th July 1984 and also a circular dated 31st January 1984 by which it is alleged that the petitioners' licence Nos. 145/83 and 146/83 respectively were sought to be cancelled. The show cause notice has not been annexed to the petition. It has been stated by the petitioners that a copy of the circular was never furnished to the petitioners by the Customs Authority.
(2.) The reasons for the proposal of the cancellation of the licences are not very clear. The affidavit filed on behalf of the Customs Authority, to say the least, is most unsatisfactory and contain many generalities which are not applicable to the petitioners and why an affidavit of this sort has been filed, is not clear. However, from paragraph 8 of the affidavit in opposition, it clearly appears that the licences granted to the petitioners have now expired. Therefore, there is no question of revocation or cancellation of those licences. Therefore, to that extent the writ petition has become infructious.
(3.) Now, it is a question of renewal of licence. On behalf of the petitioners, an extreme argument was advanced that the licence under Section 58 of the Customs Act, 1962 is of indefinite duration. The Customs authority has no right to refuse to grant the extension of the licence once it has been granted. My attention was drawn to the conditions under which a licence is issued/renewed which, inter alia, provides as follows : "8. The licence holder shall apply for renewal of the licence so that the application for renewal of the licence (in prescribed form) should reach in this office at least Two months before the date of expiry of the licence. In the event of failure so to do no clearance shall be permissible between the period after the expiry of the licence and its renewal." From this, it has been sought to be argued that once a licence holder makes an application two months before the date of expiry, the customs authority is bound to grant renewal of the licence. It is only the failure of the licensee that will make the licence non-renewable.;