Arpita Ray v. Union Of India And ORS.

21.10.2022 d.g.

Ct. 42 WPA 21468 of 2022 Ms. Arpita Ray Vs.

Union of India & Ors.

Mr. Anil Choudhury, Mr. Rachit Lakhwani, Mr. Dhiraj Kumar Pandey.

.....for the petitioner Mr. Dibashis Basu, Mr. Arun Bandyopadhyay.

... for the UOI The grievance of the writ petitioner is that the consignment of wheat for supply to Bangladesh has been stopped at the border. The reason for withholding such supply was the fact that the documents as called for vide letter dated May 21, 2022 were not submitted. The rejection letter was dated May 26, 2022. The petitioner claims that subsequently all the documents have been submitted.

The petitioner has filed a representation before the Director General of Foreign Trade (DGFT), Ministry of Commerce and Industry, Department of Commerce, Government of India. The said representation is still pending as will appear from page 81 of the writ petition. By an order passed by a coordinate Bench of this Hon'ble Court on October 14, 2022, the respondents were directed to file a report with regard to the status of the case.

The said report is handed over in Court today by Mr. Basu, learned Counsel appearing on behalf of the Union of India and retained with the record.

Mr. Choudhury, learned Counsel appearing on behalf of the petitioner submits that his client is incurring demurrage everyday and prays for speedy disposal of the said representation. He submits that unnecessarily the department is keeping his representation pending which is affecting the business prospects of his client prejudicially.

Having considered the rival submissions of the parties and the materials placed on record, this Court directs the representation to be considered and disposed of with a personal hearing given to the petitioner, if necessary, by November 10, 2022. Communication of the said reasoned order should be made by November 15, 2022.

With the aforesaid directions, the present writ petition being WPA 21468 of 2022 is disposed of. Since no affidavits have been invited all the allegations are deemed not to have been admitted by the parties.

All parties are directed to act on a server copy of this order, duly downloaded from the official website of this Hon'ble Court.

Urgent photostat certified copy, if applied for, be supplied to the parties on priority basis.

(Lapita Banerji, J.)