JUDGMENT

Bharucha, J.-In W.P. (C) No. 674/1997 :

The State of Rajasthan, the respondent, had issued notifications dated 8th January, 1990, 27th June, 1990 and 7th March, 1994 in exercise of powers conferred by Section 8(5) of the Central Sales Tax Act. Broadly, the effect of these notifications was to reduce the rate of sales tax payable by dealers having their place of business in that State in respect of inter-State sales. These notifications came to be challenged by cement manufacturers in the State of Gujarat. The writ petitions in this behalf, filed before the High Court of Rajasthan, were dismissed. The Gujarat cement manufacturers came to this Court in appeal by special leave, and a Bench of three learned Judges of this Court reversed the decision of the High Court and held that the three notifications were "void and, therefore, they are hereby quashed. (Shree Digvijay Cement Co. v. State of Rajasthan1).

2. In the meanwhile, on 12th March, 1997, the respondent State issued another notification in much the same terms. That notification was challenged by way of a writ petition in this Court. When the writ petition came up for admission before a Bench of three Judges, the earlier