ANDHRA INDUSTRIAL WORKS, A.P. versus CHIEF CONTROLLER OF IMPORTS AND ORS.

ANDHRA INDUSTRIAL WORKS, A.P. versus CHIEF CONTROLLER OF IMPORTS AND ORS.

No relief can be granted under Article 32 as the petitioners have no enforceable fundamental right to an import licence and the policy was amended prohibiting the import of materials sought; amendments to import policy may be made by administrative instructions and are not ultra vires.

Parties
Petitioner: Andhra Industrial Works, A.P.; Respondents: Chief Controller of Imports and Exports & Ors.; Petitioner: K. Raj Choudhury; Respondents: S. P. Nayar
Jurisdiction
India
Judgment Date
26 April 1974
Procedural Posture
Writ Petitions Under Article 32 of the Constitution of India / Final Disposal by Supreme Court
Outcome
Petitions dismissed
Legal Topics
Import Trade Control, Fundamental Rights, Administrative Discretion, Reasonable Restrictions, Mandamus
Constitutional Law Administrative Law Import Trade Control Fundamental Rights Administrative Discretion Reasonable Restrictions Mandamus

Case Brief

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Parties

Andhra Industrial Works, A.P.

Petitioner

Chief Controller of Imports and Exports & Ors.

Respondents

K. Raj Choudhury

Petitioner

S. P. Nayar

Respondents

Procedural Posture

Writ Petitions Under Article 32 of the Constitution of India / Final Disposal by Supreme Court

Legal Issues

  1. 1 Whether rejection of applications for import licences constitutes violation of Articles 14 and 19 of the Constitution
  2. 2 Whether writ under Article 32 is maintainable for enforcement of non-fundamental rights
  3. 3 Whether delay or refusal in granting import licence is justifiable under amended import policy

Ratio Decidendi

No relief can be granted under Article 32 as the petitioners have no enforceable fundamental right to an import licence and the policy was amended prohibiting the import of materials sought; amendments to import policy may be made by administrative instructions and are not ultra vires.

Court Disposition

Petitions dismissed

Orders

  • Petitions dismissed without any order as to costs