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TMI Blog2002 (2) TMI 1305X X X X Extracts X X X X X X X X Extracts X X X X ..... petent to grant final eligibility certificate if the capital investment is more than Rs. 7.5 lakhs and the District Level Committee is entitled to grant final eligibility certificate if the capital investment is less than Rs. 7.5 lakhs, as provided under foot note 2 of clause 3(b) of the said G.O. 4.. The petitioner, with an intent to start an industry of cottonseed oil in Adilabad town, submitted applications to various authorities and the Adilabad Municipality by its letter dated July 12, 1990 issued no objection certificate for establishment of small-scale industry. The Factories Department by its letter dated August 10, 1990 approved the application, the Electricity Department granted service connection with effect from March 9, 1991. After obtaining these certificates, the petitioner seems to have made an application to the State Government for grant of the benefits under G.O. Ms. No. 498 dated October 16, 1989 along with the estimated costs of the building and machinery. According to the petitioner, the first respondent, vide proceedings No. 746/B1/2554/90 dated July 19, 1990 tentatively confirmed Rs. 9 lakhs towards establishment of industry (Rs. 2,50,000 towards building ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the second respondent, the petitioner clarified the same and requested for issuance of a final eligibility certificate. Since there was delay in grant of final eligibility certificate, the petitioner was constrained to file a writ petition No. 17409 of 1994 on the file of this Court against the inaction of the respondents in this regard and this Court called for a report for the delay caused by the respondent. The respondents in their report indicated about the dispute with regard to purchase of expellers from Swarn Engineers, Ludhiana, as the petitioner placed order with Gobind Expellers Company. Though the petitioner clarified that Gobind Expellers Company and Swarn Engineers, Ludhiana, are sister concerns, but the respondents issued final eligibility certificate only for an amount of Rs. 2,86,240 on February 24, 1995 without considering the relevant material placed by the petitioner. Thereafter, the petitioner filed W.P. No. 25748 of 1995 on the file of this Court which was allowed on July 19, 1998 by setting aside the final eligibility certificate and remanded the matter for fresh consideration. Immediately after the disposal of the said writ petition, the petitioner claims t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. No. 498, Industries and Commerce (I.A.) Department, dated October 16, 1989 inviting entrepreneurs to establish industries in certain scheduled areas on the basis of incentives offered therein. It is, however, stated that the incentives offered to oil mills crushing cotton seeds in G.O. Ms. No. 498 have been withdrawn under G.O. Ms. No. 146 dated April 25, 1991. The respondents have listed out various reasons for not granting final eligibility certificate to the petitioner. At para 6 of the counter, it is stated that despite specific requests made by the respondents, the petitioner failed to produce correct information with documentary evidence about the suppliers and proof of payment for the expellers purchased from M/s. Swarn Engineers, Ludhiana, prior to the date of commencement of the production. Though the petitioner was requested to furnish certificate of chartered accountant to the effect that both M/s. Swarn Engineers, Ludhiana, and M/s. Gobind Expellers are legally under the same management maintaining common accounts, the petitioner failed to furnish the said material. According to the respondents, as the petitioner failed to furnish the relevant material for issu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tailed representation on August 4, 1998 for grant of exemption to the extent of fixed capital investment of Rs. 12,80,034.42, in person, and also through registered post acknowledgment due. However, the respondents rejected the claim of the petitioner as if the petitioner has not furnished the relevant particulars as is reflected in paras 6 and 7 of the counter. 16.. In this scenario, petitioner complains to the court that series of representations made by her and directions issued by this Court from time to time to the respondents have no effect on the respondents and in a routine manner, the respondents are deliberately avoiding to extend the benefits to the petitioner on some reason or the other and are filing routine counters before this Court repeating the same story as if the petitioner has not filed the required documents. 17.. As discussed by us, the writ petitioner's effort right from 1991 onwards seeking to get benefit under G.O. Ms. No. 498 dated October 16, 1989, have not met with success, though initially the respondents granted the final eligibility certificate for an amount of Rs. 2,86,240 on February 24, 1995. As seen by us, the material details required by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sions which, in our view, have no bearing at all to the facts of the case. We, are therefore, not satisfied with the explanation offered by the deponent in this regard. 21.. A reading of the subsequent G.O. Ms. No. 146 dated April 25, 1991 would indicate though the industries involved in the production of cotton seed oil were deleted from the list of beneficiaries as provided in G.O. Ms. No. 498 dated October 16, 1989, however, nothing is indicated in the said G.O. Ms. No. 146 withdrawing the incentives granted to the industries which were established pursuant to G.O. Ms. No. 498. 22.. In the background of the material placed before us by the writ petitioner, would it not be a case for us to issue direction to the respondents to grant final eligibility certificate for a sum of Rs. 12,80,034.42 or is it a case only to direct the respondents again to consider the claim of the petitioner for grant of final eligibility certificate though such directions were already issued by this Court and yet the respondents have not even bothered to verify the claims. The intention of the respondents is clearly reflected from the facts of the case. When the respondents are determined to deny the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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