9911796707
TMI Blog1998 (9) TMI 90X X X X Extracts X X X X X X X X Extracts X X X X ..... November, 1989 issued by the respondent Nos. 7 and 4 respectively being Annexure `K' to this petition and further commanding the respondents to allot iodized salt in piecemeal loading in favour of the petitioners as sponsored by the State Authorities. Issue a direction upon the Respondent No. 7 to consider and dispose of the application sanctioning permission to set up an iodized plant at Purulia. Issue a writ of or in the nature of Certiorari commanding the respondents to certify and transmit the records of your petitioners' case to the learned Registrar, Appellate Side of this Hon'ble Court so that consionable justice may be done by quashing Memo dated 12th September, 1989 and 2nd November, 1989 issued by the respondent Nos. 7 and 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Branch, Huchukpara P.O. Dist. Purulia vide their No. BRN/PRL/KSI/420 dated 23-6-1989 regarding some of the inconveniences faced by your unit. However, you may submit application to our end specifically mentioning the particular item of inconvenient in respect of which redressal needed, if any." 5.The Government of West Bengal also took up the matter with the Director, Consumer Affairs. The Director of Consumer Affairs in terms of his letter dated 23-8-1989 informed the Salt Commissioner, Government of India that it was the considered opinion of the Government that the petitioner being an S.S.I. Unit with financial assistance from West Bengal Financial Corporation needs special consideration. It was therefore requested : "In the cir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , inter alia, brought to the notice of this court that the said unit, if allowed to be set up, would cater to the needs of goitre endemic area in and around Purulia District. The authorities concerned have approved the programme for movement of iodised salt to West Bengal during the 2nd Quarter 1998 and 3rd Quarter 1998 in favour of M/s. Raj Salt Private Ltd. and M/s. Baba Salt Crushing Mills for iodisation. According to the petitioner, the aforementioned action on the part of the Salt Commissioner and other concerned authorities makes it clear that the Government of India has amended its policy and actually granted permission for installation of iodisation plants. 8.Although no affidavit-in-opposition has been filed by the Salt Commissio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... application made in accordance with the rules made under this Act, to a licence for such purpose and to the annual renewal thereof, unless on a breach of the provisions of this Act, his licence has been cancelled by an officer duly empowered by the Central Government in this behalf : Provided that the Collector of Central Excise may at any time withdraw or withhold a licence from the proprietor of any such salt factory, if no salt has been manufactured, excavated or collected in such salt factory for the three years ending on the thirtieth day of June last preceding the date of his order, or, with the previous sanction of the Central Board of Excise and Customs constituted under the Central Boards of Revenue Act, 1963 if such salt factor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hority must ask himself the correct question so as to acquaint himself with the correct state of affairs as otherwise the same would amount to misdirection in law. 16.A bare perusal of the impugned order would show that the same contains an error on the face of the record, inasmuch as, while passing the said order, the Salt Commissioner has failed to take into consideration the relevant facts and passed an order based on irrelevant consideration. 17.In this view of the matter, the impugned order cannot be sustained which is accordingly quashed. 18.The Salt Commissioner is directed to consider the matter afresh and pass an appropriate order in accordance with law and if necessary, after giving an opportunity of hearing to the parties a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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