Bimal Chandra Basak, J. - (1.) This appeal is directed against a judgment and order passed on 19th April, 1988 whereby the learned Trial Judge allowed the Writ Petition and made the Rule absolute. The learned Judge directed as follows: - "In the result, the rule is made absolute. The Writ in the nature of Mandamus do issue directing the respondents to treat the palm kernel is an item different and distinct from palm seed and the same should be treated under O.G.L. and is covered under Item No. 1, Appendix 6 of the Import Policy of 1985 -88 and could import the same under O.G.L. subject to condition of Item 1 of Appendix 6. Further the respondents are directed to clear the goods immediately which was imported pursuant to the contract dated 10 -6 -1987 and further the respondents are directed to allow the petitioner to import the goods already arrive or is likely to be arrived pursuant to the contract dated 10 -6 -1987. The goods should be allowed to be cleared on payment of such duties as so leviable as on 28 -1 -1988. The writ in the nature of certiorari do issue quashing the order of adjudication being No. 1/87, dated 7th December, 1987 passed by the Collector of Customs, Guntur including the show cause notice issued in this behalf. The writ in the nature of prohibition to be issued prohibiting the respondents from giving effect or taking any steps pursuant to the adjudicating proceeding and the show cause notice issued in this behalf and/or from taking any action against the petitioner or putting any impediment and/or obstruction in the matter of release of the palm kernel imported on the basis of the said agreement dated 10 -6 -1987. There will be no order as to costs."
(2.) This writ petition was moved by making the following prayers: - "It is, therefore, respectfully prayed as under: (a) that this Hon'ble Court may be pleased on direction the respondents to produce all the relevant records concerning and/or relating to the matters referred to above the other relevant records. (b) that this Hon'ble Court may be pleased to issue a declaration that palm kernel is a different and distinct commodity from palm seeds and can be imported by petitioners under OGL falling under Entry 1 of Appendix 6 of the Import Policy for the years 1985 -86. (c) that this Hon'ble Court may be pleased to issue a writ of Mandamus and/or direction commanding the respondents, their Officers, servants and/or agents to permit the petitioners to import 35000 MT of palm kernels in terms of its contract dated 10th June, 1987. (d) that this Hon'ble Court may be pleased to issue a writ of Mandamus and/or any other appropriate writ, order and/or directions commanding the respondents Nos. 3 and 4 and their officers, servants and/or agents to permit clearance of 35000 MT of Palm Kernels which may be imported by the petitioner in terms of the said contract dated 10th June, 1987. (e) that this Hon'ble Court may be pleased to issue an appropriate writ, order and for direction while injuncting and prohibiting the respondent No. 2 by itself, its officers, employees, servants, from taking any action causing hindrance in the release of the goods by respondent No. 2 or issuing instructions for initiating any action under Clause 10 for action under Clause 8 and 10 -C of the Imports (Control) Order, 1955. (f) An interim order directing respondents Nos. 3 and 4 by themselves, through their employees, officials, servants to clear the petitioner's goods forthwith on its arrival at Port shipped pursuant to the contract dated 10 -6 -1987. (g) an interim order restraining the respondent No. 2 from issuing any direction to respondent Nos. 3 and 4 not to release the goods or initiating any action under Clause 10 for action under Clauses 8 and 10C of the Imports (Control) Order, 1955. (h) Ad -interim order in terms of prayers (f) and (g)."
(3.) The facts of this case are as follows: The latest Import and Export Policy was issued for the period from April, 1985 to March, 1988. The preface to the said book states. "This is in pursuance of the Government's objective of bringing in continuity and stability of import and export policy".;