Facts of the Case

M/s. Hindustan Agro Products Ltd. challenged Notification No.31/2015-2020 dated 08.09.2022, issued by the Union of India through the Directorate General of Foreign Trade, banning/prohibiting export of broken rice (HS Code 1006 40 00) with effect from 09.09.2022. The petitioner sought a direction to permit export of 10,000 MTs of broken white rice contractually committed before the ban, under a contract dated 01.08.2022 with a Swiss buyer.

Respondents 3 to 5 (impleaded as customs/GST-zone authorities, since customs clearance for the consignment fell within their jurisdiction) were represented by counsel for CBIC, but the dispute itself concerned export policy and the DGFT notification, not any GST liability or GST law question. 'GST Bhavan' appears in the address of the customs office, not as a subject-matter reference.

When the matter was finally taken up, senior counsel for the petitioner submitted that nothing remained for adjudication in the writ petition. The Court accordingly closed the petition without expressing any view on the validity of the export ban or the petitioner's contractual claims.

Issues Involved

  1. Whether the export ban imposed by Notification No.31/2015-2020 dated 08.09.2022 could be applied to consignments contractually committed before the date of the ban.
  2. Whether the petitioner was entitled to a mandamus permitting export of the pre-committed rice consignment.

Petitioner's Arguments

  • The export ban notification was arbitrary and illegal insofar as it affected consignments that were contractually committed and promised before the date of the ban.
  • The action of the respondents in not permitting export of the pre-committed 10,000 MTs of broken rice violated the petitioner's fundamental and constitutional rights and was contrary to law.

Respondent's Arguments

  • No substantive opposing arguments are recorded in the final order, as the matter was closed on the petitioner's own submission that nothing survived for adjudication.

Court Order / Findings

  • The Court did not examine the validity of the export-ban notification or the petitioner's entitlement to export the pre-committed consignment.
  • On the submission of senior counsel for the petitioner that nothing remained for adjudication, the writ petition was closed with no order as to costs.

Important Clarification

Nothing in this order touches GST — it is a foreign trade/export policy dispute under the Foreign Trade (Development and Regulation) Act, closed without any decision because the petitioner itself stated nothing survived for adjudication. The reference to GST Bhavan is only a building address for a customs authority.

Sections Involved

  • Foreign Trade (Development and Regulation) Act, 1992 — export policy notifications issued by the DGFT
  • Constitution of India, 1950 — Article 226 (writ jurisdiction)

Decision – In Favour of

Disposed of without a decision on merits — the writ petition was closed as infructuous on the petitioner's own submission, with no costs ordered and no ruling on the export-ban notification or the petitioner's contractual claim.

Case Details

  • Court: High Court of Andhra Pradesh at Amaravati
  • Case No.: Writ Petition No.595 of 2023
  • Coram: Hon'ble Sri Justice Ravi Cheemalapati
  • Date of Order: 21.09.2023

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