The original companycern had number opened letter of credit before 18 December, 1961 and the goods in question were number shipped prior to 20 December, 1961.
The original companycern obtained a licence on 12 February, 1962.
The companytention of the petitioner that six traders have been granted licences whereas the petitioner was number, and, there was violation under Article 14 is unacceptable.
In 1967 the Hand Book for the year 1967 declared the period 1 April, 1961 to 31 March, 1966 as the basic period and any one year during the period companyld be selected as the basic import by the companycerned party who would become the established importers.
Fourth, the petitioners fundamental right under Article 14 is violated because the respondents discriminated against the petitioner.
Second, the provisions of the Goa, Daman, Diu Administration Ordinance No.
The petitioner stands on a different footing and does number belong to the class of persons who were given import licences during the Portuguese Rule before the liberation of Goa.
The licensing authorities recognised the change in the companystitution but refused to fix the quota on the ground that the original licence No.
27 February, 1962 is the date when the Administrator of Goa had suspended to issue fresh letter of credit.
Pursuant thereto the Administrator, Goa issued directions to suspend issue of letter of credit and all cases relating to firm companymitments entered into before 18 December, 1961 which were till then, number disposed of, should be frozen.
Second, imports of certain specified items were banned.
On 20 December, 1961 Goa became a Union Territory.
The application of the petitioner was subsequent to the issue of directions dated 3 January, 1962 by the Government of India that imports would be allowed if letter of credit had been opened before 18 December, 1961 or shipment had taken place before 20 December, 1961.
The Government relied on paragraph 33 n of the Hand Book of Rules, 1968.
The Central Government on 21 February, 1962 informed the Administrator, Goa, that the Central Government withheld action on all pending cases where import had been authorised.
There is numberviolation of Article 14.
The petitioner filed an appeal against the order.
The Central Government gave two reasons.
The petitioner filed a review application which was rejected.
The Customs authorities assessed duty under Item 45 4 of the Indian Customs Tariff.
The directions ,of the Central Government were illegal.
On 15 May, 1967 the petitioner applied to the licensing authorities for recognising the change in the companystitution of the firm and fixation of quota for which they companyld import the goods.
Between the liberation of Goa and the application of the petitioner for licence, the Government of India issued on 3 January, 1962 to the Chief Civil Administrator, Goa certain directions regarding the issue of import licence.
47 dated 12 February, 1962 was number issued in accordance with the procedure prescribed for issue of licences, at that time.
The original companycern opened a letter of credit on 21 February, 1962 for 50 per cent of the licence.
The petitioners grievances are these First, licence No.
Third, refusal to companysider the applica tion affects the fundamental right of the petitioner to carry on trade, and business.
47 was revalidated on 28 May, 1962 for pound 16,000 for which the petitioner had number till then opened letter of credit.
In the month of July, 1962 the petitioner effected imports of goods for the full value.
S. Chitale, H. N. Ramachandra and B. R. Agarwala, for the petitioners.
Third, imports would be allowed of certain goods to the extent of 50 per cent of imports actually made in the quarter of September, October and November, 1961.
In October, 1964 the original companycern was taken over by the petitioner.
P. Rao and S. P. Nayar, for the respondents.
The six licences were issued prior to the liberation of Goa.
The Government rejected it on the ground that licence No.
615 of 1970.
The petitioner was number admittedly issued any licence before the liberation of Goa.
First, the Government were of the view that any relaxation of, import would result in serious drain on foreign exchange, and second that it was difficult for any authority to be satisfied about the firm companymitments and some abuse was possible.
The petitioner challenges the orders dated 28 September, 1968 rejecting the petitioners application for the issue of a quota certificate.
The appeal was rejected.
The licence on which the peti tioner bases the claim was dated 12 February, 1962.
The liberation of Goa was on 19 December, 1961.
There is number distinction between the cases of the petitioner and the case of six traders mentioned in Annexure R 4 at page 169.
The Central Government was number companypetent to issue directions to the Administrator of Goa except through the President in view of Articles 239 and 240 of the Constitution.
2 of 1961, hereinafter referred to as the Ordinance and Goa, Daman, Diu Administration Act 1 of 1962 hereinafter referred to as the Act cured all irregularities of the State, if any, for the grant of licence.
The original companycern is alleged to be an importer registered with the Junta prior to the month of December, 1961.
First, import would be allowed in cases a where letters of credits had been opened with the Banco National Ultra Marines on or before 18 December, 1961 b where goods were shipped on or before 20 December, 1961.
The orders were accepted by the German firm, as will appear from the letter dated 7 November, 1961.
On 2 April, 1962 the Administrator of Goa issued a Press Note that imports into Goa, Daman and Diu would be governed by three principles.
In the month of October, 1961 the original companycern booked orders for purchase of Surveying Mathematical Instruments and Surgical Scientific Instruments with a German firm.
These six licences were issued before liberation between the period 12 February, 1961 and 4 December, 1961.
The Imports and Exports Control Act, 1947 was applied to Goa, Daman Diu from 1 October, 1963.
47 dated 12 February, 1962 was a licence issued in accordance with the procedure followed for the issue of licence at that time.
C. J. This writ petition is for a mandamus directing the respondents to cancel for orders mentioned in the petition and to issue quota certificate to the petitioners in respect of their past imports.
The classification of persons with reference to the grant of import licence depending on whether it was granted before the liberation or after the liberation of Goa is a valid classification based on intelligible differentia having a rational nexus with the object of import licence policy.
In the case of Gulabdas Co. supra the petitioners challenged the order of the Assistant Collector of Customs.
ORIGINAL JURISDICTION Writ Petition No.
47 granted to the original companycern on 12 February, 1962 was number issued in accordance with the procedure followed for the issue of licence at that time.
Prior Lo the liberation of Goa import licences were, granted to the citizens of Goa by a Government Department known as Junta do Comercio Externo which means the Board of External Trade.
The petitioners licence No.
The Judgment of the Court was delivered by RAY.,
When by reason of policy, these were the companyditions applied, the same should have been applied even to those who were given licences under the old laws by the Portuguese Government or those who were given licences by the Administrator of Goa under the operation of the old laws.
The respondents granted licences to six parties.
32 of the Constitution of India.
The licence was No.
Petition under Art.
The petitioners are successors to J. Fernandes Company of which Joshino Fernandes was the sole proprietor, hereinafter referred to as the original companycern.
On 19/20 December, 1961 Goa was liberated.
The petitioners are a partnership firm.
The original companycern was allowed to import instruments, microscopes, laboratory apparatus and utensils all worth pound 32,652 10 0.
It is said that the companyditions, namely, shipping before 20 December, 1961 and opening of letters of credit before 18 December, 1961 companyld only operate in respect of licences issued by the Portuguese Government.
After the liberation of Goa the representatives of Goa Chamber of Commerce and Industry saw the Administrator of Goa with regard to applications for import.
On 18 January, 1962 the original companycern applied to the Administrator of Goa for issuing an import licence for pound 32,652.10 for Surveying and Mathematical Instruments and Surgical and Laboratory Equipments, along with necessary papers for firm companymitments.
