1. THIS order will govern the revisional application as well as the writ petition which have been heard together.

2. IT appears that before February, 1982 cement was a controlled commodity and nobody was entitled to purchase cement and use the same freely. By an order dated 28. 2. 82 entitled as the Cement Control (Third amendment) Order, 1982, the Central Government, under the powers conferred by sections 184 and 25 of the Industrial (Development and Regulation)Act, 1951, ordered that cement produced in a Cement Plant would be of two categories viz., "levy Cement" and "non-levy Cement" it was enjoined by that Cement Control Order, 1982 that an cement producers would have to retain and dispose of 66. 6% of the installed capacity as per Cement Control order, 1967 and that as regards non-levy cement, i. e. cement produced in excess of 66. 6% of the installed capacity the manufacturers and dealers would be entitled to sell, dispose of and deal with non-levy cement freely. There was thus virtually de-control of non-levy cement in excess of 66. 6% of the installed capacity in a cement plant. On or about 28. 7. 82, the writ petitioner as well as the petitioner in criminal revisio