- (1.) The writ petitioners is a registered partnership firm carrying on business of manufacturing of Coconut Oil as a small scale industry and has been granted necessary registration certificate by the appropriate authority. It is the further case since the unit is situated in a backward area, the same is entitled to fiscal incentives and reliefs in terms of the West Bengal States Scheme for Incentives to Ancillary, Cottage and Small Scale Industry, 1989. It is contended that the General Manager, District Industries Centre, Birbhum, the Respondent No. 5 issued an order sanctioning Rs. 94,697/-, as subsidy to the Unit of the writ petitioners in terms of the aforesaid scheme and after the District Level Committee for the State Incentive Schemes, in its meeting approved the petitioners' claim for subsidy. Following that, the petitioner applied for subsidy, some time in May 1991, when the General Manager, District Industries Centre, Birbhum-respondent No. 5 by his letter being Annexure-D, to the writ petitioner asked it to produce the following documents:-- "1) Copy of the Power of Attorney. 2) One affidavit declaring that there has been no change in the constitution of the firm whatsoever and ownership and that the earlier partners are still holding good."
(2.) Then the learned Counsel for the petitioners, drawing attention of this Court to the Annexure-'E', submitted as desired by the respondent No. 5, they at once supplied Xerox copy of the Power of Attorney and the affidavit. He further pointed out that even after furnishing those documents as per the requirement of the respondent authorities, the respondent No. 5, vide Annexure -'F' all the three partners were asked to be personally present before it for execution of necessary agreement bond on any working day and disbursement of subsidy will be made on presentation of certified copy of the executed bond and stamped money receipt. Then again, the respondent authority insisted the writ petitioner to submit articles of agreement (vide Annexure-A). and at once the same was submitted.
(3.) Then he drew the attention of this Court to the Annexure-N and submitted even though all the requirements were fulfilled, however, for the reason best known to the respondent authority the claim of subsidy which was already granted in favour of the writ petitioners was withheld and cancelled. It is contended before taking such decision, no hearing was given.;