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2005 Supreme(SC) 10

ASHOK BHAN, A.K.MATHUR
Pallavi Refractories – Appellant
Versus
Singareni Colleries Co. LTD. etc. Etc. – Respondent


Judgment

Bhan, J.—Leave granted in SLP (C) No. 2783 of 1999.

2. These appeals by grant of special leave have been filed by the writ petitioners — the appellants herein, against the common order passed by the High Court of Andhra Pradesh in a group of writ petitions. The High Court in the impugned judgment has upheld Clause 10 of the Price Notification No. 3/96-97 dated 14.3.1997 issued by M/s. Singareni Collieries Co. Ltd. (hereinafter, for short ‘the respon­dent’).

3. Appellants are proprietors of various coal based small-scale industries who draw ‘C’ and ‘D’ grade coal from the respondent. Respondent is a state owned company in which 51% shares are held by the State of Andhra Pradesh and 49% shares are held by the Government of India.

4. Government of India has identified 7 core/priority sector industries. They are: 1) Exports, 2) Power Utilities, 3) Defence, 4) Railways (Loco), 5) Fertilizers, 6) Steel including Sponge Iron and Pig Iron and 7) other metallurgical industries who use coal/coke for their own use. Core/priority sector industries alone consume about 90-95% of the coal produced and left over 5% plus are supplied to the non-core/unlinked sector industries to which the appe





















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