SAROJ KUMAR PANDEY S/O SRI S.K. PANDEY Vs. STATE OF U.P. THRU. SECY. SMALL SCALE INDUSTRIES
LAWS(ALL)-2010-3-337
HIGH COURT OF ALLAHABAD
Decided on March 25,2010

Saroj Kumar Pandey S/O Sri S.K. Pandey Appellant
VERSUS
State Of U.P. Thru. Secy. Small Scale Industries Respondents

JUDGEMENT

- (1.) HEARD learned Counsel for parties and perused the pleadings of writ petition.
(2.) LEARNED Senior counsel, Shri V.C. Mishra appearing for petitioner submitted that the petitioner is the Secretary of governing body of an Association called "Brick Kiln and Small Scale Industries Association". In terms of Coal Distribution Policy notified by Central Government dated 18.10.2007 (which was modified on 15.02.2008) towards compliance of the directions contained in the judgment passed by the Apex Court in Ashoka Smoleless Fuels Case, the petitioner being the Secretary of Industrial Association moved a representation for nomination for the year 2009 -2010. But no communication was received from the respondents, and finally, it was learnt that the nomination for that year was granted in favour of the U.P. Small Industrial Corporation. Again for the year 2010 -2011, the petitioner has filed a detailed representation on 05.02.2010, and has also sent a reminder on 10.03.2010 with relevant documents, but the respondent has not paid any attention to that. Learned Senior counsel submitted that for the present, the petitioner would be satisfied if, a direction is given to the concerned authority to decide and dispose of the said representation on merits in the light of Central Government Policies as above within a time frame. Learned Counsel for respondents does not have any objection to the representation being so decided, and we also do not find any legal impediment in passing such order.
(3.) IN view of all the aforesaid, we dispose of this writ petition with a direction to the competent authority to decide and dispose of the pending representation at the earliest, on merits, possibly, within this financial year or before nominating any other agency.;


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