JUDGMENT : 1. Leave granted. 2. Heard learned counsel for the parties. 3. In view of the developments which have taken place in this court, it is not necessary for us to state in any details the circumstances leading to the filing of the special leave petition against the judgment and order dated 20.5.1996. It transpires that one of the learned Judges constituting the Division Bench which heard the writ petition (M. Katju, J.) had appeared as a counsel for the Food Corporation of India in 1988 in an earlier round between the appellant herein and the respondent - Food Corporation of India arising out of the subject matter of this appeal. Learned counsel for the appellant submits that in all fairness the learned Judge should have reclused himself and not heard the writ petition as justice should not only be done but should also seem to have been done. According to the learned counsel the appellant entertains a serious apprehension in his mind about the lack of fairness in the hearing of the writ petition and submits that the judgment and order of the Division Bench stands vitiated, in the facts and circumstances of the case. That Katju, J. had appeared as a counsel for the respondent at an earlier stage of the litigation between the same parties to support the order of the FCI, which order has been upheld by the Division Bench through the impugned order is not disputed. In fairness to the learned Additional Solicitor General, it must be recorded that he agreed that for a fair trial of the writ petition, it would be appropriate in this case to set aside the impugned judgment and order and remand the writ petition to the High Court for a fresh hearing and disposal by a Bench of which Katju, J. is not a member. That appears to us also to be the only appropriate course to be followed in this case. We, therefore, allow this appeal, without expressing any opinion on the merits of the controversy between the parties, and set aside the judgment and order of the High Court dated 20.5.96 and remand Civil Misc. Writ Petition No. 13529 of 1989 to the High Court for fresh hearing and disposal by a Division Bench of which Katju, J. is not a member. The High Court is requested to dispose of the case expeditiously, No costs.