VISHWAKARMA INDUSTRIES Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS order will dispose of C. W. 914 of 1970, M/s. Nishkam Udyog v. Union of india, C. W. 915 of 1970, M/s. Mithal Industries v. Union of India and C. W. 916 of 1970, M. /s. Viswakarma Industries v. Union of India, as common questions of law and fact arise in all these petitions. The facts in all the three petitions are similar and, in order to decide the points involved, it is sufficient to state the facts of C. W. 916 of 1970.

(2.) THE petitioner is a firm registered under the Indian Partnership Act and is engaged in the manufacture of medical and surgical equipments and appliances from imported stainless steel sheets at Hiranagar, district Kathua in Jammu and kashmir State. It is thus a priority industry as entered at Item No. 39 in the appendix to Public Notice No. I and E/iv/2-1/66/a, dated August 4, 1966 a copy of which is Annexure 'a' to the writ petition. The firm is registered with the Director of Industries, Jandk State, as an actual user importer under Small Scale Industries registration Scheme of the Government of India. The sponsoring authority is the director of Industries of the State while the Licensing Authority is the Assistant iron and Steel Controller, Government of India, Faridabad (respondent 2 ). In para 2 of the said Public Notice, the basis of licensing and procedure for submission of import licence applications was stated as under:-

(3.) WRITTEN statement has been filed by the respondents in which inability to issue any additional licence has been emphasised.