HON’BLE SRI JUSTICE L. NARASIMHA REDDY AND HON’BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 6618 OF 2003 12-11-2014 BETWEEN Sarita Steel and Industries Limited, a Public Limited Company registered under the Companies Act, Sannivada Village, Rajeevnagar, Visakhapatnam 46, rep., by Sri K. Joga Rao, Manager, Finance and Accounts …Petitioner And The Commissioner of Central Excise, Visakhapatnam II Commissionerate, Central Excise Building, Port Area, Visakhapatnam 530 035 and two others …..Respondents HON’BLE SRI JUSTICE L. NARASIMHA REDDY AND HON’BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 6618 OF 2003 ORDER: (per the Hon'ble Sri Justice L. Narasimha Reddy) This writ petition is filed challenging the order dated 11-03-2003 passed by the 2nd respondent withdrawing the facility of payment of the customs duty once in a fortnight, with a gap of five days, on the ground that the petitioner committed default in payment of the duty within the stipulated time thrice. The order was passed based upon Rule 8 of the Central Excise Rules 2002, as they stood then. The withdrawal of the facility was for a period of two months. The petitioner states that the impugned order is violative of the principles of natural justice and at any rate, the procedure has since been changed. The respondents filed a detailed counter affidavit justifying the order challenged in the writ petition.
Heard Sri Gandra Mohan Rao, learned counsel for the petitioner and Sri P.S.P Suresh Kumar, learned counsel for the respondents.
The order itself was meant to be in force for two months. That expired hardly within two months from the date of filing of the writ petition. Further, this Court passed an interim order on 24-04-2003. Added to that, the Rules have since been changed and a new system is in vogue.
Hence, we do not find any necessity to pass further orders in the writ petition. It is accordingly closed.
The miscellaneous petitions pending in this writ petition shall also stand disposed of. There shall be no order as to costs.
L. NARASIMHA REDDY, J CHALLA KODANDA RAM, J 12-11-2014 ks