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1986 Supreme(SC) 179

A.P.SEN, B.C.RAY
K. N. Oil Industries: M. P. Oil Extraction Private LTD. – Appellant
Versus
State Of M. P. – Respondent


Advocates:
Anil B.Divan, D.N.Mishra, HARISH N.SLAVE, L.M.SINGHVI, N.S.KALKE, NARAIN, SANDIP NARAYAN, V.K.MUNSHI

ORDER :— These petitions under Art. 32 of the Constitution must fail because the question sought to be raised by the petitioners is barred by the principle of constructive res judicata. The matter is directly covered by the decisions of this Court in K. N. Oil Industries v. Secretary to the Ministry of Forest, Bhopal, (1986) 1 Scale 558 . The operative part of the judgment of the High Court set out in this Courts order contained a direction to the effect:

"In the light of the discussion above, therefore, these petitions are disposed of with the direction that the allotment which has been maintained by this Court to the new units and the allotment made to the Mandla Unit at the rate of 10,000 tons per year, could not be altered at the concessional rate for 5 years from the beginning and the remaining sal seeds available every year could only be fairly distributed to all the old units on the basis of their capacity and there appears to be no justification for any concessional rate to these units which could only be allotted the quantity available at the market rate as there is no justification for any concessional rate to the old units."

It would be seen therefrom that the High Court h



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