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1983 Supreme(SC) 357

D.A.DESAI, O.CHHINNAPPA REDDY
Viklad Coal Merchant, Patiala: Dharam Singh Yadav – Appellant
Versus
Union Of India – Respondent


Advocates:
A.C.Mittal, A.P.MOHANTY, Abdul Khader, B.DUTTA, C.V.SUBBA RAO, D.GOVERDHAN CHARY, DALVIR BHANDARI, E.C.AGARWAL, H.K.PURI, K.K.Mohan, M.CHOPRA, M.N.SHROFF, N.R.CHAUDHARY, N.S.DAS BEHL, P.K.CHATTERJI, R.C.Kohli, R.S.Sharma, RISHI KESH, S.C.GUPTA, S.K.Ghosh, S.K.Sinha, S.MITRA, S.S.RAY

JUDGMENT

DESAI, J.—When the hearing in this group of petitions concluded, we pronounced the following order :

"All the Writ Petitions are dismissed and any interim order in each matter is hereby vacated. In the matters which are listed as ready, the petitioner shall pay cost to the respondents in one set in each petition and there will be no order to costs in the matters which are shown as unready.

Reasons will follow."

Here are the reasons.

2. The petitioners, in this group of petitions, under Art. 32 of the Constitution are coal-merchants, who, according to them, have been denied the use of the railways for transport of coal from various coalfields and way-side stations to their destinations by the illegal and unconstitutional action of the railway administration. Constitutional conundrum invoked by them is the alleged 98 violation of Art. 14 in that while certain transporters of coal have been accorded priority in the matter of transport of coal such as the Central and the State Governments and the sponsored and recommended transporters, the petitioners who are coal merchants were denied equality of opportunity in the matter of, transport of coal by railway. Their further grievance






































































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