2019 (8) TMI 887

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....terms of the instructions dated August 18, 2011 issued by the Central Board of Excise and Customs (C.B.E.C.) and the public notice No. 52/2011 issued by the Commissioner of Customs (Port), Kolkata. Learned Senior Advocate appearing for the petitioner has submitted that, C.B.E.C. issued the instructions/directions dated August 18, 2011 to the effect that, all Customs Cargo Service Providers should get weighbridges installed at their facilities preferably near entry/exit gates and that, all containers must be weighed. He has referred to the instructions/directions dated August 18, 2011. In terms of such instructions/directions, Kolkata Port Trust (KoPT) is obliged to have weighbridges installed at the entry and exit gates for weighment of ....

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...., 2016, HSCL drew the attention of the Commissioner of Customs (Port) Kolkata, about the violations and requested remedial measures. By a letter dated August 2, 2016, the Customs authorities requested Kolkata Port Trust authorities to comply with the instructions contained in the public notice. However, Kolkata Port Trust authorities did not take any steps. HSCL complained to the Commissioner of Customs (Port) Kolkata whereupon, the Commissioner of Customs (Port) Kolkata issued a public notice dated October 7, 2016 reiterating that, in pursuance of the public notice bearing number 52/2011 all containers must be weighed. By the public notice bearing number 86/2016 the Commissioner of Customs (Port) Kolkata directed that, weighment of importe....

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....ners are entitled to the reliefs as prayed for. Learned Senior Advocate appearing for the Kolkata Port Trust authorities has submitted that, the petitioners have no locus standi to maintain the present writ petition. He has submitted that, there is no privity of contract between the petitioners and the Kolkata Port Trust authorities. The petitioners have no right other than the alleged right of possession in respect of the immovable property. He has drawn the attention of the Court to the fact that, Kolkata Port Trust granted lease in favour of HSCL. There is a settled standard operating procedure between the Kolkata Port Trust authorities and HSCL. According to him, there is no obligation on the part of Kolkata Port Trust authorities to ha....