DILIPBHAI A PATEL Vs. COMMISSIONER OF INDUSTRIES

JUDGEMENT

(1.) The petitioner has filed this petition under Articles 14, 19 and 226 of the Constitution of India and prayed that respondent No.1-Commissioner of Industries and respondent No.2-General Manager, District Industrial Centre, Dist.Kheda be directed to pay 15% subsidy to the petitioner i.e. approximately Rs.78,600.00 together with interest at the rate of 15% therein and passed any other relief in this behalf.

(2.) The facts giving rise to this petition are as under:

(3.) Shri V.M.Trivedi, learned advocate for the petitioner submitted that the petitioner's item was treated under fruit products and not under the sweetmeat classification and as statutory restriction under the Fruit Products Order, 1955 is applicable and the said licence is obtained from the Government of India. He has further submitted that the petitioner has approached the Central Government by a letter dated 9.8.88 and upon this letter the respondents issued a certificate dated 19.9.88 and declared that the item which the petitioner's firm is manufacturing is classified under the fruit products as defined under Fruit Products Order, 1955. It has also been mentioned in the certificate that the petitioner is holding licence under Fruit Products since 1985 for the manufacture of candied and crystalised fruits and peels and preserves which include Papaya, Murrabba and Tuti Fruity. This item is a fruit products as defined under Clause 2(d) (viii) of Fruit Products Order, 1955.