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1986 DIGILAW 490 (SC)

Assistant Iron And Steel Controller v. Ram Dev Industries

1986-10-28

B.C.RAY, M.P.THAKKAR

body1986
(1) THIS group of appeals by certificate under Article 133(l)(c) of the Constitution arises from a judgment rendered by the High Court of Madras in Writ Appeal No. 486 of 1971 and allied matters on 4/10/1971. The division bench of the Madras High court confirmed the order passed by the learned Single Judge in Writ Petition Nos. 114, 115, 266 and 267 of 1970 by which the Writ Petition were allowed and writ of mandamus was issued to the Assistant Iron and Steel Controller, the Joint Chief Controller of Imports and Exports and the Deputy Assistant Iron and Steel Controller to dispose of the applications made by the writ petitioners for an import licence on the basis of the import policy as it obtained in 1968-69. The Division Bench of the High court confirmed the order passed by the learned Single Judge in the aforesaid group of matters and dismissed the Writ Appeal No. 120 of 1971 arising from the aforesaid common judgment rendered by the learned Single Judge. The writ appeals giving rise to the present group of appeals were also dismissed by reason of the fact that Writ Appeal No. 120 of 1971 arising from the same group, raising the same question had been dismissed earlier by the Division Bench. It appears that the Deputy Assistant Iron and Steel Controller preferred an appeal to this court by virtue of the certificate granted by the High court from the decision of the division bench in Writ Appeal No. 120 of 1971. This court has allowed the appeal, set aside the order of the High court rendered in Writ Appeal No. 120 of 1971, and dismissed the Writ Petition instituted by the writ petitioners. The present group of appeals arises from the judgment and order of the High court which has been passed in terms of the order passed in Writ Appeal No. 120 of 1971. Since the decision in Writ Appeal No. 120 of 1971 which is the basis of the judgment under appeals has been reversed by this court in the Deputy Asstt. Iron & Steel Controller v. L. Manickchand, Proprietor, Katrella Metal Corporation, Madras, the order passed by the division bench which is under appeal cannot be sustained the very basis of the judgment having disappeared. Iron & Steel Controller v. L. Manickchand, Proprietor, Katrella Metal Corporation, Madras, the order passed by the division bench which is under appeal cannot be sustained the very basis of the judgment having disappeared. This group of appeals must accordingly be allowed following the decision in Manickchand case and the order passed by the High court in terms of the order passed in Writ Appeal No. 120 of 1971 must be set aside. So also the order passed by the learned Single Judge in the Writ Petition giving rise to the writ appeals before the division bench must be set aside and the writ petitions in question must stand dismissed. We order accordingly. There will be no order as to costs.