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2003 Supreme(AP) 904

P.S.NARAYANA
Nagarjuna Fertilizers and Chemicals Limited – Appellant
Versus
Union of India – Respondent


B. SUDERSHAN REDDY, J, J.

( 1 ) THE petitioners invoke the extraordinary jurisdiction of this Court under article 226 of the Constitution of India praying for issuance of a writ of mandamus declaring the notification dated4-6-2002, whereunder the government of India fixed the policy parameters for 7th and 8th pricing periods commencing from 1st July, 1997 and 1st April, 2000 respectively, as unconstitutional and ultra vires the powers of the respondents. The petitioners also pray for issuance of a consequential declaration declaring the letter dated 21st August, 2002 for Plant-I and letter dated 17th September, 2002 for Plant-II issued by the respondents as illegal, void and unenforceable. Factual Matrix:

( 2 ) THE first petitioner herein is a public limited company incorporated under the provisions of the Companies Act, 1956. The company has set up a factory for the purpose of manufacture of Urea at Kakinada, East Godavari district in the State of Andhra Pradesh. The industrial licence obtained by the petitioner-company from the government of India for setting up an industry for manufacture of nitrogenous fertilizer in Kakinada provides that in the First Phase, the company will put



































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