The Supreme Court of India quashed a Revised Final Eligibility Certificate dated 05-09-2005 issued to M/S.Zuari Cement Limited, relying on a prior judgment that settled the controversy regarding the underlying government order.
The Revised Final Eligibility Certificate dated 05-09-2005 is quashed.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND SIX
PRESENT
THE HON'BLE SRI JUSTICE BILAL NAZKI
and THE HON'BLE SRI JUSTICE G.CHANDRAIAH
WRIT PETITION No.2009 of 2006
Between:
M/S.Zuari Cement Limited,Krishna Nagar,
Yerraguntla, Kadapa, rep. By its Authorised Signatory,
Shri Gopal K.Maheshwari.
..... PETITIONER
AND
Commissioner of industries, Government of Andhra Pradesh, Chirag Ali Lane, Hyderabad – 500 001.
.....RESPONDENTS
ORDER: (Per Hon’ble Sri Justice Bilal Nazki,)
Heard learned Counsel for the parties.
In this Writ Petition, a Revised Final Eligibility Certificate issued on 05-09-2005 is challenged on the ground that the original Certificate which was issued on 10-04-2001, had taken the base production-quantity turn over at 5,64,700 MTs whereas the Revised Certificate takes the base production-quantity turn over in terms of value at Rs.137,77,02,000/- (Rupees one hundred and thirty seven crores seventy seven lakhs and two thousand only). This Revised Certificate is purported to have been issued in terms of G.O.Ms.No.75 Ind. & Com. (IP) Dept., dated 14-03-1996, whereas the earlier certificate was issued in terms of G.O.Ms. No.108 Industries and Commerce (IP) Department, dated 20-05-1996.
Whether G.O.Ms.No.75 Ind. & Com. (IP) Dept., dated 14-03-1996, could be given effect to or not is the question, which is sought to be raised in this Writ Petition.
It is submitted by learned Counsel for the parties that this question is no longer a res integra, and had already been decided by a Division Bench of this Court in a judgment reported in Orient Cement, Devapur and others vs. State of A.P., and others.
We have gone through the said judgment. We are of the view that the controversies raised in this Writ Petition are fully covered by the judgment cited supra.
Therefore, the Writ Petition is allowed and the Revised Final
Eligibility Certificate in file No.30/3/2004/0908/0908/Id, dated 0509-2005, is quashed. No costs.
--------------------------
(Bilal Nazki, J)
7th March, 2006
--------------------------
(G.Chandraiah, J)
LUR
1 issue framed by the court
Whether G.O.Ms.No.75 Ind. & Com. (IP) Dept., dated 14-03-1996, could be given effect to or not.
Colour shows how this judgement treated each authority
Orientation Cement, Devapur and others vs. State of A.P., and othersFollowed¶21
Orient Cement, Devapur and others vs. State of A.P., and others
M/S.Zuari Cement Limited
Commissioner of industries
Bilal Nazki
G.Chandraiah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
