LAWS(P&H)-2002-12-14

BALDEV SPINNERS PVT LTD Vs. STATE OF HARYANA

Decided On December 10, 2002
BALDEV SPINNERS PVT LIMITED Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) What is challenged in this writ petition filed under article 226 of the Constitution is the communication dated November 26, 1998 addressed by the General Manager, District Industries Centre, Panipat to the petitioner informing the latter that the eligibility certificate issued to it under rule 28A of the Haryana General Sales Tax Rules, 1975 (hereinafter called "the Rules") had been withdrawn by the Lower Level Screening Committee on the ground that the petitioner failed to produce the certificate regarding change of land use/no objection certificate from the Town and Country Planning Department, Haryana. The order dated February 6, 2001 passed by the Higher Level Screening Committee rejecting the appeal filed by the petitioner has also been impugned in this petition.

(2.) Having heard counsel for the parties, we are of the view that the writ petition deserves to succeed.

(3.) The grounds on which the eligibility certificate granted to an industrial unit can be withdrawn are mentioned in sub-rule (8)(a) of rule 28A of the Rules and it reads as under :