Writ maintainable against customs licence renewal refusal, but factual misconduct findings based on evidence were left undisturbed.

A writ petition challenging refusal to renew a customs house agent licence was maintainable because the statutory appeal under the licensing regulations applied to suspension or revocation orders, not to renewal refusals. The court also held that the refusal to renew, based on findings of misconduct and abetment supported by enquiry material, could not be interfered with in writ jurisdiction. Findings of fact recorded on evidence were not perverse or unsupported by material, and therefore were not open to reappreciation merely because another view was possible. The renewal refusal was affirmed and writ relief was declined.

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Issues: (i) Whether the writ petition was maintainable in view of the alleged statutory alternative remedy against the impugned order refusing renewal of the customs house agent licence. (ii) Whether the refusal to renew the licence, founded on findings of misconduct and abetment, called for interference in writ jurisdiction.

Issue (i): Whether the writ petition was maintainable in view of the alleged statutory alternative remedy against the impugned order refusing renewal of the customs house agent licence.

Analysis: The applicable scheme under Section 146 of the Customs Act, 1962 and the Customs House Agents Licensing Regulation, 1984 distinguished between suspension or revocation of licence and renewal of licence. Regulation 23(8) provided an appeal to the Tribunal against orders passed under Regulation 21 or Regulation 23(7), which dealt with suspension or revocation proceedings. The impugned order, however, was one refusing renewal of licence and was not an order under the suspension or revocation provisions. The alternative appellate remedy therefore did not cover the impugned order.

Conclusion: The writ petition was maintainable and the preliminary objection based on alternative remedy failed.

Issue (ii): Whether the refusal to renew the licence, founded on findings of misconduct and abetment, called for interference in writ jurisdiction.

Analysis: The Commissioner's refusal to renew was based on a factual enquiry into the petitioners' conduct, including the use of an unauthorised person, use of the petitioners' rubber stamp and challans, and involvement in delivery and disposal of imported goods. The findings were recorded after considering the replies, warehouse records and other materials. The Court held that these were findings of fact based on evidence, not perverse or based on no material. In writ jurisdiction, such findings could not be reappreciated or disturbed merely because another view was possible.

Conclusion: The refusal to renew the licence was upheld and no interference was warranted.

Final Conclusion: The order refusing renewal of the customs house agent licence stood affirmed and the writ petition was dismissed.

Ratio Decidendi: Where an impugned customs order is not one passed under the statutory suspension or revocation provisions that alone carry an appeal, a writ petition challenging refusal of licence renewal is maintainable; but findings of fact recorded on evidence in administrative or quasi-judicial review will not be interfered with unless shown to be perverse or unsupported by material.

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