JUDGMENT :

Harsha Devani, J.

1. In both these writ petitions under article 226 of the Constitution of India, the petitioners have challenged Notification No. 32/2015-2020 dated 30th August, 2018 issued by the Central Government restricting the import of peas classified under Exim Code 0713 10 00 (including Yellow peas, Green peas, Dun peas and Kaspa peas) till 30th September, 2018 as well as notification dated 28th December, 2018 restricting such imports from 1st January, 2019 to 31st March, 2019.

2. On 27.3.2019, the learned advocates for the respective parties were heard on the merits of the case and the following order came to be passed:

"1. Heard Mr. Alok Yadav, learned counsel with Mr. Parth Contractor, learned advocate for the petitioner in Special Civil Application No. 15181 of 2018; Mr. M.C. Bhatt, learned counsel with Mr. R.D. Raval, learned advocate for the petitioner in Special Civil Application No. 15620 of 2018; Ms. Trusha Patel, learned standing counsel for the Director General of Foreign Trade in Special Civil Application No. 15181 of 2018; Mr. Nikunt Raval, learned standing counsel for the Director General of Foreign Trade in Special Civil Application No. 15620 of 2018 and Mr. Parth Bhatt, learned standing counsel for the respondent-customs authorities in both the petitions.

2. Arguments are concluded. Matters to be posted for dictation of judgment on 3rd April, 2019.

3. In the meanwhile, the learned standing counsel for the Director General of Foreign Trade and for the customs authorities shall file affidavits in Special Civil Application No. 15620 of 2018, explaining as to under what circumstances a huge quantity of 7500 MT of yellow peas were permitted to be imported by ETC Agro Processing India Pvt. Ltd. as is evident from the Bill of Entry at page 81 to page 100 of the affidavit-in-rejoinder filed by the petitioner within the short window that was available on 29th August, 2018. The learned counsel shall also place on record the exact time when the notifications dated 29th August, 2018 and 30th August, 2018 were published and made known to the public."

3. Since the above referred notifications restricted imports till 30th September, 2018 and 31st March, 2019 respectively, both the notifications have run their course and the period for which the import was restricted under those notifications has expired. Subsequently, the Central Government in exercise of powers under section 3 of the Foreign Trade (Development and Regulation) Act, 1992 (hereinafter referred to as "the Foreign Trade Act") read with paragraphs No. 1.02 and 2.01 of the Foreign Trade Policy, 2015-2020, as amended from time to time, has issued a notification dated 29th March, 2019 revising the policy and permitting a total quantity of 1.5 lakh MT of peas to be imported against licence during the period 1st April, 2019 and 31st March, 2020, as per the procedure to be notified by the Director General of Foreign Trade (DGFT). Therefore, the petitions appear to have become infructuous as both the notifications which are the subject matter of challenge in the petitions are no longer in force. Nonetheless, the learned counsel for the petitioners in both the petitions, have insisted upon an order on merits.

4. Though the challenge in both the petitions is to the very same notifications, the facts are slightly different and hence a brief reference may be made to the facts of each case.

5. The facts of Special Civil Application No. 15181/2018 (hereinafter referred to as "the first petition") briefly stated, are as under:

5.1. The petitioner is a Private Limited Company incorporated under the Companies Act, 1956 and is engaged in the business of importing grains, pulses, oil seeds, crude oil, etc.

5.2. In the normal course of business, the petitioner entered into contracts dated 13.04.2018, 19.04.2018 and 20.04.2018 for import of 3191.185 MT of yellow peas falling under Chapter heading No. 0713 of the Customs Tariff Act. During the relevant period when these cont