M/S. Arka Business Solutions vs. Union Of INDIA
Facts
The petitioner, M/s. Arka Business Solutions, sought a writ of mandamus from the High Court of Telangana to direct the respondents (Union of India, Joint Commissioner of Customs, and Deputy Commissioner of Customs) to release an import consignment of 108 units of Murti-Function Devices. The consignment was identified by Entry No. 4639210 dated 22.05.2024. The petitioner intended to pay applicable customs duty upon release. The petition was filed to avoid severe loss and hardship. The respondents were represented by their respective counsel.
Held
The Court noted that the learned counsel for the petitioner sought to withdraw the writ petition with the liberty to file afresh by including subsequent events or orders. The other side (respondents) had no objection to this request. Consequently, the Court dismissed the Writ Petition as withdrawn, granting the liberty prayed for. No costs were imposed. As a sequel, any pending miscellaneous petitions were also closed.
Key Issues
1. Whether the petitioner is entitled to a writ of mandamus directing the respondents to release the import consignment of 108 units of Murti-Function Devices upon payment of applicable customs duty, considering the potential for severe loss and hardship to the petitioner? (Question of law and fact, concerning the power of the court to direct release of goods under Article 226 of the Constitution). Contentions: Petitioner: Argued for the release of the consignment upon payment of duty, highlighting the severe loss and hardship that would be incurred if the consignment was not released. The petitioner sought to include subsequent events/orders in a fresh filing. Respondents: Did not object to the petitioner's request to withdraw the petition with liberty to file afresh.
AI-generated summary — verify with the full judgment below
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Juri iction) fuIONDAY, THE NINETEENTH DAY OF AUGUST T\ryO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE SUJOY PAUL TI{E HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION NO:2 2204 0F 2024 13411 ) yatam, 2nd Madhapur, ...PETITIONER Between: AND t_ [//s. Arka Business So Floor. Unit No.203.
Hyierabad-500 081. lg!o_n_s, Rep by its Partner, IVr. K. Akhil pri SBRS C.V.Tor,vers, Hilech CitV noaO, 2 3 Union of lndia. Reo. bv its Secretary, Ministry of Finance, Jeevan Deep Buitdins,3rd Ftooi, Sansad Ndrs, tiil D"ti;ln0 ijili:"
Joint Commissioner of Custo:ns (lmports), GST Bhavan, Basheerbagh, H-vderabad-500 004.
Deputy Commissioner of Customs, lCD, Thimmapur_509 325, Telangana ...RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High'C,ir.t- ,rv "u" pleased to issue a writ of mandamus to direct the Responde"nts to ieteal tne Petitioners impcrt consignment of 108 units cf Murti-Functlon Devices ,noligiri ot Entry no.4639210 dated 22t0il2024 upon payment of the appricabr" cr.tors JLtv pending disposal
The judgment continues below.
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