- (1.) This petition has been filed under Articles 226/227 of the Constitution of India with a prayer that the impugned order passed by the respondents dated 11.6.2010 Annexure P-5 be quashed as it is contrary to the provisions of the notifications Annexures P-1 and P-2 which govern the sale of Khadi products from the retail outlets situated in the State of Haryana supplied by the Khadi institutions situated outside the State.
(2.) The grievance of the petitioner is limited. According to Annexure P-2 which is an amendment to the earlier notification Annexure P-1, it contemplates 10% rebate to be granted to the product manufactured outside the State of Haryana and sold through the recognised outlets of Haryana. The petitioner whose manufacturing unit is situated in Jalandhar, sold certain Khadi material to the respondents which was sold through the recognised outlet within the State of Haryana. The petitioner also has a unit within the State of Haryana. Its grievance is that once it has sold the product through recognised outlet within the State of Haryana, it was entitled to 10% rebate as is visualized in Anneuxre P-2. The respondents have passed Annexure P-5 pursuant to the decision taken by the Committee under the Chairmanship of Director of Industries & Commerce, Haryana in the year 2009, the relevant of which is extracted here below :- "3. In the claims submitted by the HKIV, some of the Khadi rebate claims are relating to the Khadi Agencies of other States which is not admissible under the scheme. Therefore, the HKVIB should ensure that the claims of such Khadi agencies are not entertained."
(3.) Annexure P-5 has been passed by falling back on the aforesaid clause to say that since the Khadi institution of the petitioner is registered outside the State of Haryana, therefore, its claim for payment for the sales effected in 2007- 2010 is being returned herewith.;