Rajive Bhalla, J. - (1.) The petitioner prays for issuance of a writ in the nature of certiorari quashing letters/orders Annexure P-15, P-17 and P- 17/A, dated 23.11.1994, 22.03.1995 and 08/11.07.1996, respectively, and for a direction/order to the respondents to grant an additional licence to the petitioner and thereafter pay 20% premium on the face value of the additional licence, in terms of REP Circular No.11/1993.
(2.) Counsel for the petitioner submits that the impugned orders denying additional licence and as a consequence 20% of the face value of the additional licence, in terms of REP Circular 11/93, are illegal as they have been passed by ignoring relevant facts and para 203(1) of the Import and Export Policy for the year 1983-84 (hereinafter referred to as the '1983-84 policy'). Counsel for the petitioner further submits that the petitioner, was recognised as an export house vide certificate dated 28.12.1982. The certificate expired on 31.03.1983. Para 198(1) of the 1983-84 policy allowed the petitioner to apply for renewal of the certificate. The petitioner filed an application on 25.07.1983 (Annexure P-2) for renewal of the trading house certificate. Para 203(1) of the 1983-84 policy permitted a trading house to apply for an additional licence and if the certificate has expired, on 31.03.1983 to apply for an additional licence within two months of securing certificate of recognition as a trading house. The petitioner applied for renewal of its certificate of recognition as a trading house, on 25.07.1983 and in terms of para 203(1) of the 1983-84 policy applied for an additional licence, on 26.05.1984. The Deputy Chief Controller of Imports and Exports, Amritsar, informed the petitioner, vide letter dated 19.06.1984 that copy of a valid trading house certificate has not been appended and even otherwise, the application is delayed by seven months and 25 days as it had to be submitted upto 30.09.1983. The petitioner replied vide letter dated 29.06.1984 that it has already applied for renewal of its trading house certificate and as soon as it receives the renewed certificate, it shall be submitted. The petitioner also pointed out that as per para 203(1), of the 1983-84 policy application for an additional licence could be made within 60 days of securing a renewed trading house certificate and as such the application for additional licence is not delayed. The respondents took no action to either renew the petitioner's certificate or grant an additional licence. The petitioner addressed various letters/reminders dated 27.11.1990, 08.06.1991 and 27.08.1991 but to no avail.
(3.) The petitioner was eventually issued a certificate of renewal/recognition, as a trading house, on 18.02.1992, valid with retrospective effect from 01.04.1983 to 08.11.1983 and, therefore, immediately addressed a letter dated 26.02.1992, to the Joint Chief Controller of Imports and Exports, Ludhiana, in continuation of its reminders, appending a copy of the certificate, requesting for grant of an additional licence. Vide letter dated 12.03.1992, the petitioner was asked to submit a declaration in terms of para 203 (3) of the 1983-84 policy accompanied by an affidavit. The petitioner, vide letter dated 13.03.1992 submitted the required affidavit, in the office of the Joint Chief Controller of Imports and Exports, Ludhiana. In the meanwhile, the Director General of Foreign Trade, issued REP Circular No.11/93 regarding payment of premium on additional licences by granting an opportunity to exporters to surrender their additional licences and receive a premium of 20%. The circular also provided that where applications for issuance of licneces are pending, 20% premium would be paid straightway instead of issuing licence. The petitioner addressed letter dated 17.05.1993, to the Joint Chief Controller of Imports and Exports, Ludhiana and opted for payment of 20% premium on the face value of the additional licence.;