Soumitra Pal, J. - (1.) The petitioner no. 1, a registered partnership firm, is a Customs House Agent having licence and the petitioner nos. 2, 3 & 4 are its partners.
(2.) In this writ application they have challenged the action of the respondent in revalidating the licence on piecemeal basis and in not renewing it for a period of ten years from 15th March, 2007 under Regulation 11 of the Customs House Agents Licensing Regulations, 2004 (for short the Regulations). The matter was moved on 6th December, 2007 when directions were issued for filing of affidavits. Affidavits have since been exchanged and are on record. From the affidavit-in-opposition filed by the respondents I find that certain proceedings were initiated against the petitioner and a penalty of Rs.1 lakh was imposed. Aggrieved the petitioner filed an appeal before the learned Customs, Excise and Service Tax Appellate Tribunal. It appears from the affidavit-in-opposition that the order passed by the adjudicating authority was set aside by the Tribunal. Thereafter, the department has filed a ROM application before the Tribunal. I find from paragraph 7 of the said opposition that as "adjudication order to the show cause notice dated 17.10.2003 is yet to be passed by this department", the respondent "is not allowing normal renewal under Regulation 11(2) of the CHALR, 04 for a period of ten years". However, the department has allowed the agent to continue their business by "revalidating" the Customs House Agent Licence "on piecemeal by issuing" "circulars".
(3.) Learned advocate appearing on behalf of the petitioner submits that in view of the provisions contained in the Regulations and Circulars and Public Notices issued by the Customs authorities renewal of such licence in all cases should be for a period of ten years.;