INDUSTRIAL CABLES LTD , RAJPURA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner-company registered under the provision of the India Companies Act carries on its industry in the Industrial Area, Rajpura. The area where the factory of the petitioner is located since 1963- 64, fell within the limits of the Notified Area Committee, Rajpura Township. The Railway Station, Rajpura where the goods and the material are imported by the petitioner for use in the manufacture and process in its factory is located in the area of the Municipal Committee, Rajpura. In August, 1974 the Notified Area Committee was abolished and its area was amalgamated in that of the Municipal Committee, Rajpura. Prior to August, 1974 the aforesaid position continued, that is, the Railways Station was within the area of Municipal Committee, Rajpura and the premises of the petitioner were located in the Notified Area Committee of Rajpura Township.

(2.) The petitioner has filed this petition under Articles 226 and 227 of the Constitution of India challenging the notification Annexure P.9 on the ground that order Annexure P.8 could not be withdrawn. It is averred that Annexure P. 9 is violative of the principles of natural justice, as no opportunity of hearing was given to the petitioner before the financial benefit given to it had been withdrawn. Since it has resulted into civil consequence, the petitioner should have been given an opportunity of hearing.

(3.) M/s. Bharat Commerce and Industries Ltd., Rajpura, M/s. Roadmaster Industries of India Pvt. Ltd., Rajpura, and M/s. Dinesh Industries, Industrial Area, Rajpura, which have the same facts as the petitioner in C.W.P. No. 419 of 1978, also filed C.W.P. Nos. 463 of 1978, 464 of 1978 and 545 of 1978 respectively. All these orders which are mentioned by the petitioner, have also been passed in favour of these petitioners and all the favour petitions are similarly placed so far as the question of facts and law are concerned. As the petitions are more or less the same and the same relief is being claimed, the fact so the other three petitions need not be reproduced and there being a common question of law and facts in all these four cases. They shall be decided together and the judgment is being recorded in C.W.P. No. 419 of 1978.