M/S Arka Business Solutions v. The Principal Commissioner Of Customs
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE P.SAM KOSHY AND THE HONOURABLE SRI JUSTICE NARSING RAO NANDIKONDA WRIT PETITION NO: 19962 OF 2026 Between:
M/s Arka Business Solutions, rep by its Authorised Representative Mr K Rammohan Son of Sri K Vendanta Chary aged about 60 years 2nd Floor Unit No.203, SBRS C.V.Towers, Hitech City Road, Madhapur Hyderabad-S0O 081 ...PETITIONER AND '1 . The Principal Commissioner of Customs, GST Bhavan, L.B.Stadium Road, Basheer Bagh Hyderabad-sO0 004
2. Union of lndia, rep by Secretary, Department of Electronics lnformation Technology, 6, CGO Complex, New Delhi.
3. Joint Commissioner of Customs, lCD, Thimmapur, Hyderabad. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate writ order or direction (a) declaring the action of the 3rd Respondent in keeping pending and withholding clearance of the Petitioners imported consignment of 73 used Multi Function Devices covered under Bill of Entry No 9677'159 dated 04-06-2026 without passing any order issuing any Seizure Memo or communicating any reasons there for as arbitrary illegal and violative of Articles 14 and 19(1)(g) of the Constitution of lndia and contrary to Section 1 '10 of the Customs Act 1 962 (b) consequently directing the 3rd Respondent to forthwith release the Petitioners imported consignment comprising 73 units of used Multi-Function Devices covered
under Bill of Entry dated 462026 bearing No.9677159 on such terms and conditions as this Hon'ble Court may deem fit and proper. LA. NO: 1 OF 2026 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 to direct the 3rd Respondent to forthwith release the goods i.e. 73 units of used Multi-Function Devices imported under the Bill of Entry No.9677159 dated 04-06-2026 pending disposal of the present writ Petition as otherwise the Petitioner will be put to severe loss and hardship. Counsel for the Petitioner: SRI KARTHTK RAMANA PUTTAMREDDY Counsel for the Respondent Nos.1 & 3: SRI DOMINIC FERNANDES, SENIOR SC FOR CBIC Gounsel for the Respondent No.2: SRI N.BHUJANGA RAO, DEPUTY SOLICITOR GENERAL OF INDIA The Court made the following: ORDER
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD HONOURABLE SRI JUSTICE P.SAM KOSHY AND HON'BLE SRI JUSTICE SUDDALA CHALAPATHI RAO WRIT PETITION No.19962 of 2026 Date:03.07.2026 Between:
M/s.Akra Business Solutions Petitioner And Principal Commissioner of Customs, Hyderabad and others
...Respondents
ORDER: (per Hon'ble Sri Justice P.Sam Koshy) Heard Mr.Karthik Ramana Puttamreddy, learned counsel for the petitioner and Mr.Dominic Fernandes, leamed Senior Standing Counsel for CBIC, for respondent Nos.l and 3 and perused the record. 2.
The challenge in the present writ petition was the aclion on the part of the 3'd respondent in withholding the petitioner's imported consignment goods of (73) used Multi Function Devices covered under Bill of E,ntry No.9677159, dated 04.06.2026.
l.
When the matter is taken-up for hearing, it has been brought to the notice of the Bench that the authorities have already issued a show cause notice to the petitioner dated 25.06.2026 calling upon to furnish certain details along with supported documents. As has been reflected in the show-cause notice. though, the learned counsel for the petitioner tried to harp on the fact I
that the action on the part of the 3'd respondent is per se hac on account of his not passing the order or issuance of seizure memo and sitting over the file' But, lor the Bench what strikes the conscience of the Coun is that now' that a show-cause notice has been issued on 25.06.2026 and the petitioner having not responded to the same, it would be more appropriate, ii the petitioner is permitted to fite its response to the show-cause notice trying to comply the demands made by the authorities through the said show-cause notice' 4.
Upon the petitioner's fumishing the details sought for in the shorv-cause notice, the 3'd respondent is expected to take an appropriate decision strictly in accordance "vith law and also taking into consideration the judicial precedents on the subject matter rendered by the tJigh Court in the past in similar nature and pass an appropriate order within the outer limit ol ten days lrom the date petitioner files response to the albresaid shou'-cause notlce 5.
with the aforesaid observations and directions, the writ Petition stands disposed ot-. There shall be no order as to costs. Pending miscellaneous applications, if any. shall stand closed' SD/. T. SRINIVASA REDDY ASSISTANT REGISTRAR /ffRUE COPY// SECTION OFFICER To I The Principal Commissioner of Customs, GST Bhavan, L'B Stadium Road Basheer Bagh, HYderabad-sOO 004 The Secretiry, Department of Electronics lnformation Technology' Union of lndia, 6, CGO ComPlex New Delhi Joint Commissioner of Customs, ICD Thimmapur, Hyderabad One CC to SRI KARTHIK RAMANA PUTTAMREDDY, Advocate [OPUC] o;; aa to sRr DoMlNlc FERNANDES, sENloR sc FoR cBlc [oPUC] -- O""
-CC to SRI N BHUJANGA RAO, DEPUTY SOLICITOR GENERAL OF fiB,* rNDIA [OPUC]
CC TODAY HIGH COURT DATED: 0310712026
ORDER
WP.No.19962 ot 2026 14:
T s e (o d 03 JUt 2u6 ( a €Si'ATCY\.(, -t'
* t o DISPOSING OF THE WRIT PETITION WITHOUT COSTS.
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