Balwani Devesh vs. Union Of INDIA
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The petitioner, Balwani Devesh, filed a writ petition before the Telangana High Court challenging the inaction of the respondents (Union of India and various Customs authorities) in deciding his application dated 19.10.2024. The petitioner also sought to set aside disposal proceedings initiated under Section 110(1A) of the Customs Act, 1962, and sought the release or re-export of gold jewellery. Interlocutory applications were filed seeking to prevent the disposal of detained goods and to suspend a show cause notice. The matter was listed for hearing on 24.03.2026.
Held
The Court was presented with the petitioner's submission that he had received instructions from his client to withdraw the writ petition. The petitioner sought liberty to contest the case on its merits before the concerned authorities. The Court, acceding to this request, dismissed the writ petition as withdrawn. Consequently, any interim orders previously granted were vacated, and pending miscellaneous petitions were closed. The Court also stated that there would be no order as to costs. The specific merits of the petitioner's application or the legality of the disposal proceedings were not adjudicated upon due to the withdrawal.
Key Issues
1. Whether the inaction of the respondents in deciding the petitioner's application dated 19.10.2024 is illegal, null, void, arbitrary, and against the principles of natural justice, thereby warranting a writ of Mandamus? 2. Whether the disposal proceedings initiated under Section 110(1A) of the Customs Act, 1962, vide SG/DISP/2221/2024-CUS-DISP dated 18.10.2024, should be set aside? Petitioner's Contention: The petitioner argued that the respondents' failure to decide his application was illegal and arbitrary, violating natural justice principles. He sought a direction to release or re-export the gold jewellery. The petitioner also sought to suspend a show cause notice and stay further proceedings. Respondents' Contention: The judgment does not record any specific arguments from the respondents. However, the context implies they were defending their actions or inaction regarding the detained goods and the disposal proceedings.
Sections Cited
Section 110(1A)
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
The Court made the following: ORDER
IN THE HIGH COI-]RT FOR THE STATB OF'TELANGANA AT HYDERABAD THE HONOURABLE SRT JUSTICE P.SAM KOSHY AND THB HONOURABLE SRI.IIISTICE NARSING RAO NANDIKONDA Writ Petition No.31987 of 2024 Dated: 24.03.2026 Between: Balwani Devesh Petitioner AND tjnion of [ndia Represented by the Secretary Ministry of Finance, 8l-5, Nehru Pl Market Road Nehru Place, New Delhi, Delhi - I l0 019 and others. Respondents ORDER: (per tlon'hle Sri ,lusticc P.Sam Koshil Heard Mr.Tarun Chadha, learned counsel representing Mr.Karthik Ramana Puttamreddy, leamed counsel for the petitioner. Perused the record.
Today, when the matter is taken up for hearing, learned counsel for the petitioner submits that he has received instructions fiorn the petitioner seeking withdrawal of the present writ petition
2 with liberty to contest the casc on rnerits before the authorities concerned.
As prayed l'or, writ petition stands disrnissed as withdrawn with liberty as prayed for. As a consequence, all the intelim orders grantcd earlier stands vacated. Consequentll,, rniscellaneous petitions pending, iI any, shall stand closed. 'l'here shall be no order as to costs. B.REKHA RANI T REGISTRAR //// ECT!ON OFFICER 15, Nehru Pl Market Rd, To PSK. -TKS
The Secretary, Union of lndia, Ministry of Fin Nehru Place, New Delhi, Delhi '110019
Principal Commissioner of Customs, Hyderabad Customs Commissionerate, Room No. 808, 7th Floor, GST Bhavan, Hyderabad
Joint Commissioner of Customs, Rajiv Gandhi lnternational Airport, Hyderabad-500049
Assistant Commissioner (Disposal) Of Customs, Rajiv Gandhi lnternational Airport, Hyderabad-500049
One CC to SRI KARTHIK RAMANA PUTTAMREDDY, Advocate [OPUC]
One CC to SRI N.BHUJANGA RAO, Deputy Solicitor General of India [OPUC]
One CC to SRI D.RAGHAVENDER RAO, SC FOR CBIC [OPUC] B. Two CD Copies tu
I ) HIGH COURT DATED:2410312026 WP.No.31987 of 2024 =i ,,\ ri 0 B AP l1 2026 6, l: .-.:.l: ::, i i.1^f-9; DISMISSING THE WRIT PETITION AS WITHDRAWN WITHOUT COSTS J* ot^1o o
Reproduced from the public record of the Telangana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.