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2004 Supreme(All) 232

MARKANDEY KATJU, POONAM SRIVASTAVA
Bindal Agro Chemical Ltd. – Appellant
Versus
State of U. P. – Respondent


Advocates:
Counsel for the Petitioners: Bharat Ji Agrawal and Piyush Agrawal.
Counsel for the Respondents: K. D. Mishra and S.C.

JUDGMENT

M. Katju, J.—This petition has come on transfer to us by order of the Supreme Court dated 3.5.1990 in Writ Petition Nos. 363 and 364 of 1990 under Article 32 of the Constitution. The aforesaid order of the Supreme Court reads as follows :

“A 7-Judge Bench of this Court in the Synthetic case some time back settled the legal issue involved in these two writ petitions. Therefore, the law has already been declared by this Court. The fee which is being demanded in the States of West Bengal and Uttar Pradesh is under challenge in these petitions and the validity thereof can appropriately be considered by the respective High Courts and we do not propose to entertain these petitions under Article 32 of the Constitution. For convenience, we direct Writ Petition No. 363 of 1990 to be transferred to the High Court of Allahabad and Writ Petition No. 364 of 1990 to the High Court of Calcutta where these two petitions shall be disposed of in accordance with law.”

2. Heard learned counsel for the parties.

3. The prayer in the writ petition is for a writ of certiorari to quash the notification dated 23.11.1989 (Annexure-11 to the petition) issued by the respondents seeking to levy Export-


























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