M.R. Shah, J.

1. By way of this petition under Article 226 of the Constitution of India, the petitioners have prayed for an appropriate writ, direction and order to quash and set aside the impugned decision of the respondents, in declaring Phase-II of Gandhar Complex as ineligible for Tax Exemption under the scheme published by the Government Resolution dated 11.09.1995 viz. "Capital Investment Incentive to Premier/Prestigious Units Scheme, 1995-2000" (hereinafter referred to as "Incentive Scheme") and to direct the respondents to make available to the petitioner No. 1 the benefit of the Tax Exemption under the said scheme in respect of Phase-II of Gandhar Complex. It is also prayed to declare that clause 9(c) of Annexure-B to the Incentive Scheme is not applicable to the petitioner No. 1 and in the alternative as ultra vires and hence, void ab initio.

2. Facts leading to the present Special Civil Application and so pleaded in the petition are as under:

"2.1 That Indian Petrochemicals Corporation Limited (hereinafter referred to as "IPCL") was a company duly constituted and registered in consonance with the provisions embodied in the Companies Act, 1956. The IPCL was a Gover