G.P.Mathur, Bhagwan Din, JJ. - (1.) This bunch of writ petitions has been filed challenging the same order dated 31.7.1999 of General Manager. District Industries Centre, Varanasi, by which their registration as a Small Scale Industry was cancelled. Writ Petition No. 39767 of 1999 filed by M/s. Kashi Krishi Carbonic Khad Udyog, will be treated as the leading case.
(2.) The case of the petitioner. in brief, is that it is a partnership firm which established a new unit for manufacture of "Carbonic Khad", it was registered as Small Scale industry on 23.11.1998 by the General Manger, District Industries Centre, Varanasi, and its Registration No. is 08615. One of the essential material required for manufacture of Carbonic Khad is coal. On the application of the petitioner, it was Issued a Linkage Advice Letter for 1925 M. T. of Coal per month by the Coal India Limited (respondent No. 3). Thereafter, the unit started manufacturing of Carbonic Khad from 1.4.1999. Shortly, thereafter the General Manager, District Industries Centre passed the impugned order on 31.7.1999 cancelling the registration of the petitioner as a Small Scale Industry.
(3.) Learned counsel for the petitioner has made two submissions while assailing the validity of the impugned order. The first submission is that the impugned order has been passed entirely on the dictate of the District Magistrate, Varanasi and the respondent No. 2 has not applied his own independent mind while passing the said order. The second submission is that the impugned order has been passed in complete violation of principles of natural justice inasmuch as neither any notice nor any opportunity of hearing was given to the petitioner before passing the order dated 31.7.1999. Learned standing counsel has, on the other hand, submitted that before passing of the impugned order several letters had been sent to the petitioner pointing out the deficiencies and shortcomings in the working of the unit and, consequently, the petitioner had sufficient notice of the action which was likely to be taken against it. He has further submitted that though the impugned order mentions that the same was being passed in compliance of the order passed by the District Magistrate but the actual order cancelling the registration of the petitioner's unit as a Small Scale Industry had actually been passed by the General Manager, District Industries Centre.;