AMBICA JUTE MILLS LIMITED Vs. JUTE COMMISSIONER

JUDGEMENT

(1.) THE petitioners in this WP under art.226 dated September 25, 2012 are questioning an order of the Jute Commissioner dated September 14, 2012 (WP pp.217-222A) rejecting their request for modification of some PCOs for manufacture of jute bags and issuing future PCOs considering their installed capacity.

(2.) IT is not disputed that the Jute Commissioner passed the order under provisions of the Jute Textiles Control Order, 2000 (WP p.71). In view of the provisions of para.8 of the Control Order, the petitioners feeling aggrieved by the order were entitled to lodge an appeal with the Central Government.

(3.) IN the WP the petitioners have not stated why they chose to avoid the statutory appellate forum. On the contrary, they have stated an incorrect case in para.68 of the WP. Paragraph 68 is quoted below:-