2019 (8) TMI 393

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....G34/35 measuring 1290 square meters was allotted to the petitioner firm on 21.10.2004. Keeping in view the high export turnover, the office of the Development Commissioner vide their letter dated 23.12.2005 awarded two star export house certificate to the petitioner based on their performance. The Development Commissioner further allotted plot no.129G-33 measuring 450 square meters to the petitioner on 02.06.2005 and also the office of Development Commissioner vide letter dated 27.09.2005 further extended the validity of LOA dated 10.03.2000 for next 5 years upto March, 2010. In the year 2016, the LOA of the petitioner was renewed twice for six months with the condition that no request for transfer of assets and liabilities shall be enterta....

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....05). 3. Learned Additional Solicitor General submits that this case has a chequered history as two writ petitions were filed earlier. In fact, the second writ petition was not maintainable as the earlier writ petition was withdrawn without any liberty being sought. 4. Learned Senior Counsel appearing for the petitioner has strongly urged before us that the request so made may be taken as a mercy petition for the reason that the petitioner is passing through a very rough phase both on the financial side and his personal life. It is submitted that in the past he has had an excellent track record and the petitioner has earned substantial amount of Foreign Exchange for the nation. 5. Reliance is placed on export performance, which has ....

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....8.00 NIL 1.65 NIL   Total 192.94 Cr. 467.49 Cr. 13.62 Cr. 14.83 Cr. 7. We have heard the learned counsel for the parties. The basic facts which we have noticed above are not in dispute. Keeping in view the past record, the learned Senior Counsel for the petitioner has strongly urged before us that the order passed by the Appellate Court is extremely harsh. It has also been contended that the order of the Appellate Court is devoid of any reason and has prayed for one opportunity to explain the stand of the petitioner before the appellate authority. 8. The relevant portion of the order passed by the Appellate Court is reproduced below: "The approval Committee deliberated on the matter in detail a....

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....aresh Singh[Jawahar Lal Singh v. Naresh Singh, (1987) 2 SCC 222 : 1987 SCC (Cri) 347] , State of U.P. v. Battan [State of U.P. v. Battan, (2001) 10 SCC 607 : 2003 SCC (Cri) 639] , Raj Kishore Jha v. State of Bihar [Raj Kishore Jha v. State of Bihar, (2003) 11 SCC 519 : 2004 SCC (Cri) 212] and State of Orissa v. Dhaniram Luhar [State of Orissa v. Dhaniram Luhar, (2004) 5 SCC 568 : (2008) 2 SCC (Cri) 49] .)" (emphasis added) 10. Reading of the order dated 12.05.2017 passed by the appellate authority would show that the said order is not a reasoned order. Applying the law laid down by the Apex Court to the facts of this case, we set aside the order of the Appellate Court. 11. Without expressing any opinion on the merits of the matter ....