Shekhar Mohan Saha v. The Director General, Directorate General Of Analytics And Risk Management And ORS.

30.3.2023 ks WPA 5915 of 2023 sl. 34 Shekhar Mohan Saha Vs Director General, Directorate General of Analytics and Risk Management & Ors.

Mr. Anil Dugar, Mr. Rajarshee Chatterjee, Mr. A.K. Ray ... For the Petitioner.

Mr. Bhaskar Prasad Banerjee, Mr. Tapan Bhanja ... For the CGST Authority.

Mr. Uday Sankar Bhattacharya, Ms. Aiswarya Rajyashree ... For the Respondent No.6.

Mr. Tanusree Ghosh ... For the UOI.

Heard learned Advocates appearing for the respective parties.

Petitioner has filed this writ petition against the impugned action of the respondent Nos. 1 and 8 declaring it "risky exporter" in its portal as appears from display in the portal system showing the date as 15th January, 2022. Petitioner is further aggrieved by the action of the respondents allowing the petitioner to export the goods in question putting the terms and conditions as arbitrary and unreasonable. It appears from record that against the aforesaid grievances, petitioner has made a representation on 21st March, 2022, as appears at page 29 of the writ petition before the respondent No.1.

Considering the facts and circumstances of the case and submission of the parties, this writ petition being WPA 5915 of 2023 is disposed of by directing the respondent No.1 to consider and dispose of the aforesaid representation of the petitioner dated 21st March, 2022, in accordance with law and by passing a reasoned and speaking order after giving an opportunity of hearing to the petitioner or his authorised representative, within a period of four weeks from the date of communication of this order. Petitioner will be entitled to export the goods in question without prejudice to his rights and contention raised in the aforesaid representation subject to compliance of all legal formalities and subject to final order to be passed on the said representation.

( Md. Nizamuddin, J. )