S.P.KURDUKAR, M.L.PENDSE, M.N.CHANDURKAR
Tapti Oil Industries & another – Appellant
Versus
State of Maharashtra & others – Respondent
M.N. CHANDURKAR, Ag. C.J.:---These two petitions, in each of which petitioner No. 1 is a partnership firm and petitioner No. 2 is a partner, raise a question as to whether the petitioners can claim a right to issue of an Eligibility Certificate under a scheme framed by the State Government under which several incentives were promised to small scale, medium and large industries with a view to speed up the pace of industrialisation of the developing industries (sic) in the State. The petition was required to be heard by the Full Bench because on the construction of the said scheme a Division Bench of this Court at Aurangabad held that even though the required steps under the scheme are completed, an industry is not entitled to enforce any right for the issue of an eligibility certificate under the scheme under Article 226 of the Constitution of India.
2. A scheme of incentives comprising mainly incentives in the nature of refund of sales tax, relief in electricity duty, octroi duty, etc., has been in force in Maharashtra since 1964. That scheme was modified and the period of the scheme, as modified from 1st August, 1966, expired on 31st October, 1979. The Government having it
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