7 (4 )SCALE515 , (1997 )7 SCC592 , [1997 ]Supp1 SCR671 , 1997 (2 )UJ438 , ,MANU/SC/1302/1997G.N. Ray#G.T. Nanavati#2329SC3330Judgment/OrderAIR#INSC#JLJ#JT#MANU#SCALE#SCC#SCR(Supp)#UJG.N. Ray,SUPREME COURT OF INDIA2013-8-24Legislative Intention,Basic Principles,Implied Conditions and Judicial Review,Statutes conferring power; Express and Implied conditions; Judicial Review,Mandatory And Directory Provisions,Subsidiary Rules,Discretion,Right to Equality,Fundamental Rights,Discrimination,Right to Equality,Fundamental Rights,Discrimination,Right to Equality,Fundamental Rights,Constitution of India,Interpretation of Statutes17163,16910,16916 -->

MANU/SC/1302/1997

IN THE SUPREME COURT OF INDIA

Civil Appeal Nos. 4312 and 4314 of 1997

Decided On: 09.07.1997

Appellants: M.P. Oil Extraction and Ors. Vs. Respondent: State of M.P. and Ors.

Hon'ble Judges/Coram:
G.N. Ray and G.T. Nanavati

JUDGMENT

G.N. Ray, J.

1. Leave granted. Heard learned Counsel for the parties.

2. All the three special leave petitions namely S.L.P. (Civil) No. 19729 of 1995, S.L.P. (Civil) No. 20137 of 1995 and S.L.P. (Civil) No. 19796 of 1995 are directed against common judgment dated 9.5.1995 passed by the Madhya Pradesh High Court respectively in Misc. Petitions No. 1371 of 1992, M.P. No. 1980 of 1992 and MP. No. 2315 of 1992. All the said Misc. Petitions were filed before the Madhya Pradesh High Court under Article 226 of the Constitution challenging the legality and validity of agreements made by the State Government of Madhya Pradesh with M/s. Bastar Oil Mills and Industries Ltd. and M/s. Sal Udyog (Pvt.) Ltd. for supply of sal seeds grown in the State of Madhya Pradesh on payment of determined royalty by alleging inter alia that the writ petitioners namely K.N. Oil Industries and M.P. Oil Extraction Ltd. have been subjected to hostile discrimination in the matter of grant of largesse so far as sal distribution of sal seeds is concerned by favourably treating the said Baster Oil Mills and Industries Ltd. and M/s. Sal Udyog (Pvt.) Ltd. thereby affecting the economic viability of the writ petitioners. It may be indicated here that before the said writ petitions were filed in the Madhya Pradesh High Court, a series of litigations were fought between the parties to these appeals both in the Madhya Pradesh High Court and in this Court. In 1981, the appellants M.P. Oil Extraction Limited and K.N. Oil Industries filed writ petitions numbered as M.P. No. 559 and 1404 of 1981, in the Madhya Pradesh High Court challenging the agreements between Bastar Oil Mills and Industries Ltd. and Sal Udyog (Pvt.) Ltd. and State government of Madhya Pradesh for distribution of specified amount of Sal seeds to the said concerns annually by alleging hostile discrimination against the said writ petitioners in the matter of distribution of sal seeds. Such writ petitions were dismissed by the Division Bench of the High Court by order dated 21.8.1981. The said decision has been reported in AIR 1982 M.P. 1. Against the said decision, both the writ petitioners filed special leave petitions before this Court in which leave was granted in C.A. No. 2994 and 2295 of 1982. In terms of the interim orders dated 5.5.1982 and 6.5.1983, the State of Madhya Pradesh had to supply 5000 M.T. of sal seeds in favour of each of the said appellants namely M.P. Oil Extraction Limited and K.N. Oil Industries in 1982 and 1983. M/s. Bastar Oil Mills and Sal Udyog (Pvt.) Ltd. did not receive the contractual quality of sal seeds in the said years. It, however, appears that after obtaining the said interim orders........