ORDER :

1. Delay condoned.

2. Leave granted.

3. This appeal, by special leave, is directed against the judgment and order passed by the High Court of Judicature of Bombay in Writ Petition No. 1718 of 2003, dated 23-2-2011. By the impugned judgment and order, the High Court has set aside the order passed by the Development Commissioner, (Appellant No. 2), dated 4-6-2003.

4. The facts in brief are as follows :- The Respondent No. 1 - M/s. Hanil Era Textiles Ltd. is a 100% export oriented unit in textile sector. The Government had introduced a policy by which 100% export oriented unit is entitled to sell certain percentage of its produce in the Domestic Tariff Area ("the DTA" for short) after obtaining permission of the Development Commissioner. Thereafter, Respondent No. 1 applied for the grant of permission to the Appellant No. 2 for sale of its produce in the DTA for the period commencing from 1-7-1996 to 30-6-1997. The Appellant No. 2 granted permission allowing the DTA sale by its order dated 29-1-2008. Subsequently, the Respondent No. 2 also passed a fresh order granting the DTA sale permission for the year 1997-1998 and 1999-2000. On 4-6-2003, the Appellant No. 2 passed an order re