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C.W.P. No. 10093 of 2010 [ 2 ] The petitioner is a partnership firm with two partners namely, Gurinder Singh son of Gurbax Singh and Ravinder Singh son of Gurbax Singh. The said partnership firm was registered with the Registrar of Firms Punjab in the year 2001-2002. The firm was established to carry on the business of printing of all types of books, papers, diaries etc. under the name and style of M/s Printwell lUnit No.II, 146, Focal Point, 1st Floor, Amritsar. After the registration of the above said firm, permission to establish the Unit No.2 on plot No.146, Focal Point, Amritsar was granted by respondent No.3 (General Manager, District Industrial Centre, Amritsar) on 8.1.2002 (Annexure P2). A Certificate of Importer and Exporter Code (IEC) was given on 22.1.2002 (Annexure P3). The Industrial Policy 1996 (Annexure P4) was prevalent at that time and investment incentives were granted to the industrial units that came into production under the said policy. As per Clause 2.9 of the said policy the new unit means a unit which came into commercial production on or after 1.4.1996.

The State of Punjab with an object of giving encouragement to Industrialists to set up industries in Punjab framed an Industrial Policy in the year 1996. Certain incentives were granted to the Industrial Units who had established the industries after investing and after fulfilling certain conditions of the policy dated 20.3.1996 (Annexure P4). Pursuant to this policy of 1996 (Annexure P4) petitioner sought necessary permission to establish the Unit No.2 on Plot No. 146, Focal Point, Amritsar. Permission was granted by respondent No.3 vide letter dated 8.1.2002 (Annexure P2) and Government of India, Ministry of Commerce issued a C.W.P. No. 10093 of 2010 [ 5 ] Certificate of Importer-Exporter Code (IEC) on 22.1.2002 (Annexure P3). After making an investment of Rs.12750839.50 he made a claim for investment incentive to the tune of Rs.3825251.85. The Unit went into commercial production on 3.1.2003. As per the facts above with effect from the date of permission i.e. 8.1.2002 till the date of production i.e. 3.1.2003 the petitioner had made the entire investment. However, his claim for grant of investment incentive under the Industrial Policy 1996 was rejected by the Department of Industries and Commerce vide letter dated 27.1.2005 (Annexure P6) and the reason given is as under:-