Judicial directions cannot be diluted by applying a later import policy instead of the policy the Court ordered.

An administrative authority cannot dilute a subsisting judicial direction by substituting a different import policy for the one expressly ordered by the Court. Where an earlier writ order required issue of an export house certificate under the AM-79 policy and conferred entitlement to the facilities under that scheme, the authority could not neutralise that direction by issuing notice and altering the licence under the later AM-83 policy. Any difficulty in implementing the court's order had to be placed before the Court or pursued in appeal. The show-cause notice and consequential order were quashed and set aside, and the petitioner succeeded.

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Issues: Whether the show-cause notice dated 9 March 1983 and the consequential order dated 26 March 1983, which altered the petitioner's import entitlement from the AM-79 policy to the AM-83 policy, were sustainable in the face of the earlier court direction requiring facilities under the AM-79 policy.

Analysis: The earlier writ order had directed issuance of the export house certificate under the Import Policy April 1978 to March 1979 and stated that the grant of that certificate would entitle the petitioner to seek the facilities provided by paragraph 174 of that scheme. The respondents could not, by administrative action, confer the benefit under a different policy and thereby neutralise the effect of the earlier judicial direction. Any difficulty in implementing the order under the AM-79 policy ought to have been placed before the Court that made the order or carried in appeal, rather than being resolved unilaterally by the authority.

Conclusion: The show-cause notice and the order amending the licence were quashed and set aside.

Final Conclusion: The petitioner succeeded, and the respondents' attempt to substitute the later policy for the policy directed by the Court was invalid.

Ratio Decidendi: An administrative authority cannot override or dilute a subsisting judicial direction by granting relief under a different policy from the one expressly ordered by the Court.

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