Dinesh Mehta - (1.) All these petitions involve identical questions and facts. Even the prayers are ad-verbatim, which runs as under:- "A) Issue writ of mandamus or any other appropriate writ for declaring that the Impugned notifications dated 28.12.2018 and 29.03.2019 and Trade Notice Dated 16.04.2019 (Annex. 6) are prospective in nature and accordingly Respondents may be directed to not apply the Notifications dated 28.12.2018 and 29.03.2019 and Trade Notices dated 16.04.2019 (Annex. 6) along-with Para No. 15 i.e., Transitional Arrangement under Foreign Trade Policy 2015-2020 on the present Petitioners for the contracts dated 22.12.2018 (Annex. 2); B) Alternatively, declare that the Impugned Notification dated 28.09.2018 (Annex. 4) is arbitrary and illegal in nature and therefore, the same may kindly be quashed and set aside; C) Alternatively, declare that the Impugned Notifications dated 28.12.2018, 29.03.2019 and Trade Notice dated 16.04.2019 (Annex. 6) are arbitrary and illegal in nature and therefore, the same may kindly be quashed and set aside. D) Direct Respondent No. 4 to 10 to clear the yellow and green peas falling under EXIM Code 07131000 imported by the Petitioner No. 1 for which orders have already been placed vide Contract No. 181222 dated 22.12.2018 for importing 90,000 Mts (± 10%) yellow peas and Contract No. 181222/1 dated 22.12.2018 for importing 10,000 Mts (± 10%) green peas (Annexure-2), without any hindrance, subject to the payment of requisite import duty, as the same are perishable in nature; E) Direct the Respondent No. 3 to issue Registration Certificate to Petitioner No. 1 for import of full contracted quantity i.e. approx. 1,00,000 Mts; F) Pass such further other order or orders as this Hon'ble Court may deem fit and proper to the facts and circumstances of this case in the favour of petitioners."
(2.) The controversy lies in a very narrow compass. For the sake of deciding these petitions, facts of SB Civil Writ Petition No. 15609/2019 (M/s. Bafna Commodities and Anr. Vs. UOI and Ors.) are taken into consideration.
(3.) Petitioner claims to have a contract of import of yellow peas with Arvee International PTE. Ltd., Singapore on 22.12.2018, which is to continue from June 2019 to March 2020. The petitioner has challenged the notifications dated 28.12.2018 and 29.03.2019, whereby the Central Government has amended the Import Policy and restricted import of peas (Pisum Sativum including Yellow peas, Green peas, Dun Peas and Kaspa Peas) for the period 1.1.2019 to 31.3.2019 and, thereafter, 1.4.2019 to 31.3.2020.;