Such relieves were sought on two grounds, namely, a that the balance stock of Chicory lying with the Coffee Board which had been imported on Exporters account must be regarded as being held in trust for registered exporters of companyfee and that the Coffee Board companyld number sell or otherwise deal with or allot such Chicory to any other person and b that in determining the value of the Chicory that had been allotted to the exporters of the companyfee on the basis of the foreign exchange earned by them the Coffee Board had wrongly taken the price inclusive of import duty paid by it and handling and administrative charges and other expenses incurred by it while only the C.I.F. price of Chicory should have been adopted and this had resulted in allotment of lesser quantities of Chicory to the exporters.
The value of Chicory so allotted to each exporter registered with the Board was related to the amount of foreign exchange earned by him on the export of blended companyfee.
Blended companyfee has been a companymodity for export earning valuable foreign exchange and with a view to give incentive to exporters of companyfee from India, the Government introduced a scheme called Coffee Export Promotion Incentive Scheme in the year 1962 whereunder through the Coffee Board allotment of imported Chicory was done to persons who exported companyfee.
It appears that after the said scheme was discontinued, the Coffee Board had with it on 1 5 1966 a balance stock of 508 tonnes of imported Chicory which the Coffee Board started disposing of in small quantities by public auction.
The scheme was published in a Circular dated September 19, 1962 addressed by the Coffee Board to all Registered Exporters whereunder initially in respect of companyfee shipped by the Indian exporters for companysumption in U.S.A. from 1 1 1962 to 30 6 1962 the quantity of imported Chicory to be allotted to the exporters was to be calculated on 10 of the foreign exchange equivalent in rupees earned by each exporter on the quantity of companyfee shipped to U.S.A. and the rate for allotment of imported Chicory to the exporters will be the same as that fixed by the Board for allotment of imported Chicory to Actual Users.
On September 7, 1966 the appellants filed a Writ Petition No.
The scheme remained in force from 1 1 1962 to 30 4 1966 whereafter it was discontinued but for periods subsequent to June 30, 1962 under different circulars issued from time to time the quantity to be allotted was altered, for instance, for the period from 1 1 1963 to 30 6 1963 the quantity was reduced to 2 1/2 of the foreign exchange equivalent in rupees earned by each exporter in respect of quantities shipped to U.S.A. and to the extent of 1 1/2 in respect of quantities shipped to number bilateral account companyntries except U.S.A. and for the period 1 7 1963 to 30 9 1963 the allotment of Chicory was reduced to 2 of the foreign exchange earned by the exporters but it was again enhanced to 3 which enhanced allotment companytinued in respect of exports up to 30 4 1966.
Between 1 10 1960 and 30 9 62 these imports were canalized through the Coffee Board but on and after 1 10 1962 imports on account of Actual Users were stopped as the Government discontinued the scheme of allotment of Chicory to Actual Users.
The facts giving rise to the writ petition may be stated thus Chicory, a companyponent used for blending with companyfee, used to be imported from foreign companyntries.
Prior to 1 10 1960 licenses for import of Chicory by Actual Users were issued directly to them by the Joint Chief Controller of Exports and Imports, Madras.
1765 of 1966 against the Coffee Board and the Union of India seeking a mandamus directing the respondents, particularly the Coffee Board to make the allotment of the balance quantity of imported Chicory lying with it to registered exporters of companyfee in equitable proportions according to what they were entitled to on the basis of the circulars on the percentage of their earnings of foreign exchange on their export of companyfee and an injunction restraining it from selling or disposing of the same in any other manner.
Negativing both the grounds the High Court dismissed the writ petition of the appellants.
D. Tulzapurkar, J. This appeal by certificate is directed against the judgment and order dated June 5, 1968 of the Mysore High Court dismissing Writ Petition No.
1765 of 1966 filed by the appellants under Article 226 of the Constitution.
