IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.145/2000. M/s.Reliance (India) Pharmaceuticals, Jaipur Vs. District Level Screening Committee & Ors. Date of Order:- 29/1/2008. HON’BLE MR.JUSTICE M.N. BHANDARI Shri Vivek Singhal for the petitioner. Shri Vinay Goyal for the respondents. **** The petitioner has challenged the order dated 20/10/1999 whereby benefit of incentive scheme as was introduced by the respondents, was not applied on the petitioner. Learned counsel for the petitioner submits that pursuant to the judgment of the Tribunal, respondents were under an obligation to consider the matter of the petitioner for grant of benefit of incentive scheme however, pursuant to the order of the Tribunal, matter was taken up for consideration by the respondents but without providing opportunity of hearing, order impugned was passed. Even, the reasons given in Annexure-3 regarding closer of unit is not proper as incentive benefits were to be given to the unit from the date of its commercial protection. Initially, such benefits were to be given for a period of five years extended by another two years thereafter. Hence, if necessary actions for grant of incentives benefits would have been taken at the initial stage, such benefits could not have been 2 SBCWP NO.145/2000. denied on the ground referred to in the impugned- order. In any case, since the order impugned has been passed without hearing the petitioner, thus, order dated 20/10/1999 is set-aside with the direction to the respondents to consider the matter after hearing the petitioner. While deciding the matter, they should take note of fact as to how many years the petitioner industry/unit has worked and for how many years, assessment orders have already been passed. The respondents are directed to decide the matter within a period of three months. Till then, the interim-order passed by this court will continue. With the above, the writ petition is allowed and disposed of. (M.N. BHANDARI), J. anil