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2025 DAILYLAW 24931 (AP)

MIDSEA INTERNATIONAL PRIVATE LIMITED v. UNION OF INDIA

WP/17691/2025 · 2025-09-10

A Hari Haranadha Sarma, Battu Devanand

body2025

Judgment text

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APHC010352382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3545] THURSDAY,THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 17691/2025 Between: 1. MIDSEA INTERNATIONAL PRIVATE LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR CUM AUTHORISED SIGNATORY BATHINA MAHESWARA RAO S/O BATHINA NAGESWARA RAO AGED 47 YRS, OFFICE AT FLAT NO. 1-14/2 ,RAJUGARIBEEDU, PAYAKARAOPETA, ANAKAPALLI, ANDHRA PRADESH STATE - 531126- ...PETITIONER AND 1. UNION OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE REPRESENTED BY ITS SECRETARY NORTH BLOCK, NEW DELHI-110001- 2. THE PRINCIPAL COMMISOINER OF CUSTOMS, CUSTOM HOUSE, PORT AREA, VISAKHAPATNAM . SJOINT COMMISSIONER/ADDITIONALCOMMISSIONER CUSTOMS HOUSE, KAKINADA. 3. JOINT COMMISSIONER ADDITIONALCOMMISSIONER, CUSTOMS HOUSE, KAKINADA. 4. THE DIRECTORATE GENERAL OF REVENUE INTELLIGENCE, REPRESENTED BY ITS DEPUTY DIRECTOR , REGIONAL UNIT D.NO. 10-56, 5TH FLOOR, ABOVE SYNDICATE BANK NEAR TIME HOSPITAL, BUNDAR ROAD, ASHOK NAGAR VIJAYAWADA-520007- 5. THE DIRECTORATE GENERAL OF REVENUE INTELLIGENCE, REP., BY ITS INSPECTOR, KAKINDA . 6. KAKINADA SEA PORT LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR PORT AREA, KAKINADA. 7. KAKINADA CONTAINER TERMINAL, REP., BY ITS AUTHORISED OFFICER KAKINADA PORT, KAKINADA. 8. S SRI M PAPANNA SASTRY, S/O NOT KNOWN. AGED 45 YRS. SUPERINTENDENT DIRECTORATE REVENUE INTELLIGENCE, KAKINADA ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toMay be pleased to Issue a Writ or Order or Direction more particularly one in the nature of a Writ of Mandamus declaring the action of the respondents particularly Respondents 4 to 6 withholding the Release of Consignment pertaining to vide Bill of Entry No.2745054 dated 19-06-2025 at Kakinada Sea Port without issuance of any Notice nor following the strict procedure even inspite of the petitioner obtained all clearances and issued Gate Pass No.2064635750 dt.08-07-2025 after paying the requisite Customs Duty as well as the respondents 2 and 3 completed all process includes enquriy etc., ail are Illegal, Unlawful, without Jurisdiction there by Violation of Article 14,19,21 of the Constitution of India, Consequently to direct the Respondents to Release the Petitioners Consignment pertaining to Bill of Entry No.2745054 dated 19-06-2025 in the interest of the justice, and to pass such IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased May be Pleased to direct the Respondents to Release the Petitioner's Consignment pertaining to Bill of Entry No.2745054 dated 19-06-2025 pending disposal of the main Writ Petition and to pass such Counsel for the Petitioner: 1. R SIVA SAI SWARUP Counsel for the Respondent(S): 1. SANTHI CHANDRA(Sr.STANDING COUNSEL FOR DRI AND DGGI) 2. The Court made the following ORDER: Learned counsel for the petitioner sought permission of this Court to withdraw the Writ petition. 2. Permission is accorded. 3. Accordingly, the Writ Petition is dismissed as withdrawn. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE BATTU DEVANAND __________________________________ JUSTICE A.HARI HARANADHA SARMA LSP 159 THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 17691/2025 15.09.2025 LSP