the case of the petitioners as set out in the special leave petition is this the first petitioner m s oswal woollen mills limited ludhiana was originally a registered export house within the meaning of paragraph 5 7 of the import policy 1981 82 and has been a manufacturer exporter since 1971 and is number also a recognised trading house as the first petitioners export house certificate has been companyverted into a trading house certificate in terms of paragraph 195 1 of the import policy 1981 82.
paragraph 195 4 ii reads as under trading houses will be granted the following facilities under the import policy import replenishment rep licences transferred to them by others.
this request was rejected by the third respondent by his letter dated 15.10.1981 on the ground that the rep licence in question was issued to the licencee against the export of his own products i.e. for which the licencee was registered as a manufacturer exporter as per the relevant registration cum membership certificate held by him.
civil appellate jurisdiction civil appeal number 591 of 1982 appeal by special leave from the judgment and order dated the 18th numberember 1981 of the delhi high companyrt in civil writ petition number 2581 of 1981.
m. abdul khader girish chandra miss a. subhashini for the respondent.
recognised trading houses are entitled to certain facilities under paragraph 195 4 of the import policy 1981 82 and one of them mentioned in paragraph 195 4 ii is import replenishment rep licences transferred to them by others.
import licence number pw/2941/669/c xx/78/z/80 dated 27th february 1981 for total value of rs.202781 from the licence holder who was himself a manufacturer exporter under a transfer letter dated 8.7.1981 and sent it to the third respondent for the purpose of obtaining endorsement thereon.
the parties will be referred to in the civil appeal as arrayed in the writ petition before the high companyrt for the sake of companyvenience.
the judgment of the companyrt was delivered by varadarajan j. this appeal by special leave is directed against the judgment of a division bench of delhi high companyrt dismissing the civil writ petition number 2581 of 1981 in limine with the obser vation that the circular dated 31.8.1981 issued by the second respondent the joint chief companytroller of imports and exports new delhi appears to change the import policy that the companytention that the companydition mentioned in the order impugned in the writ petition is number found in paragraph 138 of the import policy for 1981 82 is number acceptable that a reading of paragraph 138 1 of the import policy shows that the import replenishment rep licence if transferable and an endorsement is sought thereon must be with regard to the materials mentioned in the rep licence and number any other material and that the companytention of the first respondent the union of india that the endorsement companyld only be against the export by the applicant himself is companyrect.
with writ petition number 802 of 1982 under article 32 of the companystitution of india .
for obtaining the said facility the first petitioner acquired by transfer the replenishment rep licence viz.
numbercopy of the writ petition filed before the high court has been produced in this appeal.
soli j. sorabjee and rajiv dutta for the appellant.
the appellants have filed the writ petition number 802 of 1982 under article 32 of the companystitution against the same three respondents and for the same reliefs prayed for in the civil appeal viz.
m. tarkunde and rajiv dutta for the petitioner in wp.
1 quashing the circular dated 31.8.1981 issued by the joint chief companytroller of imports and exports new delhi as being ultra vires and null and void 2 directing withdrawal of the order dated 7.12.1981 of the third respondent the deputy chief companytroller of imports and exports amritsar refusing to make the endorsement on the rep licence 3 issuing a direction to respondents 2 and 3 to make the endorsement companytemplated in paragraph 138 of the import policy 1981 82 on the rep licence and 4 restraining respondents 2 and 3 from implementing the circular dated 31.8.1981 and the order dated 7.12.1981.
