Supreme CourtDivision Bench(1999) 08 SC CK 0136

Union of India (UOI) and Others vs Rusi Cawasji Trombaywalla and Others

Supreme Court Of India · Decided on 6 August 1999 · Citation: AIR 2000 SC 3509 : (2000) AIRSCW 2599 : (2000) 67 ECC 13 : (1999) 114 ELT 377 : (2000) 10 SCC 232

HON’BLE JUDGES
S. Rajendra Babu, J · B. N. Kirpal, J
RESULT
Allowed
CASE NUMBER
Civil Appeal No. 4307 of 1999 (Arising out of S.L.P. (C) No. 14527 of 1998)

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Judgment

4 paragraphs · 179 words
1.

Special leave granted. 2. This appeal arises from an order of the Bombay High Court which had allowed the writ petition filed by the respondents. It appears that for the purpose of mining of salt the respondents had applied for renewal of licence under the Central Excise Rules but the licence was not renewed because the appellants herein had insisted that the respondents should produce a lease deed in their favour.

3.

The High Court by the impugned judgment dated 22nd June, 1993 set aside the impugned notice issued by the Deputy Salt Commissioner and further directed the appellants herein to renew the licence without requiring the respondents to comply with the conditions stipulated by the appellants.

4.

It is common ground that as of today salt is no longer an excisable item and, therefore, no licence is required. The whole dispute between the parties, therefore, has become infructuous. As far as the title to the land in question is concerned, that can be decided in appropriate forum.

5.

The appeal stands disposed of as having become infructuous.