UNION OF INDIA Vs. SREE RAJENDRA MILLS LTD

JUDGEMENT

(1.) The Writ Appeal arises out of the order of learned single Judge dated 29.7.2002 made in W.P. No. 30174 of 2002 directing the 2nd Respondent to consider the 1st Respondent's application dated 27.5.2002 by suspending the operation of the impugned notice dated 11.7.2002 issued by the 1st Appellant and that 1st Appellant can pass appropriate orders depending upon the outcome of the orders to be passed by the 2nd Respondent.

(2.) In the Writ Petitions, Petitioners/Mills seek writ of certiorarified mandamus to quash the notification of the 1st Respondent in Order/Notification No. 16/TDRO/8/1/2000/76 dated 31.3.2000 and quash Clause 10 thereof and consequently forbear the Respondents from taking any action against the Writ Petitioners for non-compliance with the said notification insofar as the hank yarn obligations. Since the points for determination involved in the Writ Appeal and Writ Petitions are one the same, with the consent of the counsels on record, the Writ Petitions were heard together with the Writ Appeal. For convenience, the parties are referred as per their rank in the Writ Petitions.

(3.) In exercise of powers conferred on Textile Commissioner, for the protection of handloom industry and ensuring that the yarn in Hank form is available in adequate quantities at reasonable price to the handloom industry, the 1st Respondent issued hank yarn packing notification No. 16/TDRO/8/1/2000/76 dated 31.3.2000 stipulating that every producer of yarn, who packs yarn for civil consumption, shall pack yarn in hank form in each quarterly period and fulfil his obligation. Clause (6) deals with the extent of hank yarn obligation and fulfilment thereof, which reads as under: