VIJAY KUMAR GUPTA v. UNION OF INDIA & ORS.

Import items.” “100. Therefore, we hold that the Public Notice dated 28-1-2004 issued by DGFT, so far as it excludes the aforesaid four items, is ultra vires. I have considered the aforesaid judgment of the Hon’ble Supreme Court in the case of Kanak Exports (Supra) wherefrom it appears that the aforesaid impugned public notice dated 28th January, 2004 issued by DGFT excluding the four items one of which relates to petitioner has been declared ultra vires. I have also perused the aforesaid order dated 4th December, 2006 passed by the respondent DGFT Authority and on perusal of which I find that the sole ground of rejection by the Authority, the aforesaid claim is 5 paragraph 3.2.6(A) (Vi) of the aforesaid public notice dated 28th January,

#2004. Considering the facts and circumstances of the case and submission of the parties and taking into consideration the aforesaid judgment of the Supreme Court in the case of Kanak Exports (supra) the aforesaid order dated 4th December, 2006 and all subsequent orders passed on the basis of the aforesaid impugned public notice are set aside and the matter is remanded back to the DGFT Authority concerned to reconsider the claim of the petitioner by taking into consideration the aforesaid judgment of the Hon’ble Supreme Court in the case of Kanak Exports (supra) and to grant all consequential benefits by passing a reasoned and speaking order and after giving opportunity of hearing to the petitioner or his authorised representative within a period of four weeks from the date of communication of this order. With these observations and directions, this writ petition being WPO 315 of 2010 is disposed of. (MD. NIZAMUDDIN, J.) TR/ 6