JUDGMENT

By an order of this Court dated March 1, 1978 this appeal was directed to be listed with Civil Appeal No. 357 of 1971. Both these appeals, therefore, were to be heard together. However, it appears that Civil .Appeal No. 357 of 1971 alone was heard and dismissed by an order dated January 16, 1985.

2. The questions which are raised in this appeal and which were common to Civil Appeal 357 of 1971 having been concluded by the decision in that appeal, are rightly not pressed before us by Mr. E. C. Agarwala, advocate for the appellant. However, he submits that there is one question, namely, the mala fides involved in withdrawing the notification of January 24, 1969 by another notification of August 23, 1917 and this point is distinct to the present appeal.

3. In support of his contention of mala fides he pointed out to us that in the writ petition which was filed by the appellants in the High Court in paragraph 15, it was averred as follows:

"That in June, 1977, General Elections were held to the Haryana State Legislature. The Congress party was defeated and the Janata Party formed the Government in Haryana."

4. It is his contention that when the industry was first established the a