MURUGAPPA TRADING COMPANY Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present judgment will dispose of C.W.P.Nos.2220/96 (Murugappa Trading Company and others v. Union of India and others) and 3271/96 (Arif M.Hussain and others v. Union of India and others).

(2.) THE facts as alleged in the writ petitions are that the petitioners are the registered exporters of Textiles under the Powerloom Sector. Respondent No. 1 is the Ministry of Textiles which is Incharge of the distribution of quota for export of textile to quota and non-quota countries. THE Import-Export Policy under the Foreign Trade (Development and Regulation) Act is laid down by respondent No. 2. THE Textile Commissioner, respondent No. 3 is the functionary of respondent No. 1 and is responsible for the overall textile quota administered by respondent No. 4. THE distribution of quota is delegated to respondent No. 4. THE petitioners in both the petitions are aggrieved by the action of the respondent whereby the quota entitlement for the year 1996 in the Powerloom Exporters Entitlement (PEE) has been reduced from 10 per cent to 5 per cent. THE quota of 10% was fixed vide notification issued on September 16, 1995, the operative portion of which may be reproduced as follows: "NOTIFICATION