The main legal point established in the judgment is that the court will not issue a Writ of Mandamus if the respondents have stated that they will adhere to the circular instructions relevant to the case.

Heard the learned Counsel for the parties.

2.The petitioner - Salem Shevapet Silver & Katcha Exchange Brokers Association, in this writ petition, has sought forWrit of Mandamusdirecting the respondents not to search any place of business of the members of the petitioner association for seizing any Silver Bullions without strictly adhering to norms prescribed in the circular of the third respondent dated 11-6-1990, and pass such other or further orders as deemed proper.

3.The respondents have filed counter affidavit. In paragraph 5 of the counter affidavit, the respondents have stated thus :-

"For the petitioners averment in para 8, it is submitted that the communication of the Ministry clearly provides that even though the silver bullions had been notified under Section 123 of Customs Act, 1962

4.The learned Counsel for the petitioners contended that all that the petitioners want is that the respondents should act strictly in accordance with the circular dated 11-6-1990 in the matter of search of any business place of the members of the association for seizing any silver bullions. In other words he submitted that the respondents cannot act against the instructions contained in the said Circular.

5.The learned Counsel for the respondents submitted that in the counter affidavit filed, various contentions raised by the petitioner in the writ petition have been met and the position is explained. He also pointed out that the respondents, in the counter affidavit filed, have stated specifically that the first respondent is scrupulously following the instructions contained in the Ministry's Letter No. F. 394/233/88. Cus. (As), dated 11-6-1990.

6.In the light of the specific statement made by the respondents in the counter affidavit that the respondents are acting in accordance with the instructions contained in the circular, dated 11-6-1990 referred to by the petitioners in the writ petition, I do not think it necessary to deal with the various other contentions raised in the writ petition, so also to refer to the other details given in the counter affidavit or the contentions raised therein for that matter. In view of this, I hardly see any controversy between the parties.

7.In the result, I pass the following order :-

In view of the statement made by the respondents that they shall adhere to the circular instructions contained in the circular, dated 11-6-1990, it is not necessary to issue anyWrit of Mandamusas sought for. The statement of the respondents is placed on record and accordingly the Writ petition is disposed of.