STATE OF RAJASTHAN Vs. BIRLA JUTE AND INDUSTRIES LTD
LAWS(RAJ)-1984-8-41
HIGH COURT OF RAJASTHAN
Decided on August 21,1984

STATE OF RAJASTHAN Appellant
VERSUS
Birla Jute And Industries Ltd Respondents

JUDGEMENT

- (1.)BOTH these special appeals arc disposed of by this single order as the same are directed against the same order passed by the learned Stogie judge on January 16, 1984.
(2.)A writ petition under Article 226 of the Constitution of India was filed by M/s Birla Jute and Industries Ltd. Chittorgarh (1), which was allowed by the learned Singh Judge with the following operative order:
For all these reasons, I have no hesitation in holding that the action of the State Government in giving assurance so respondent 4 of guaranted supply on confining basis of 8 MW of power at 60% load factor for a period of six months in the first instance, vide letter dated December 20, 1982, and extend later for a further period of six months, is illegal and void. The impugned action is therefore annulled. The writ petition is allowed to that extent but dismissed as respects the other relief. The parties are left to bear their own casts.

Aggrieved against the aforesaid order one appeal No. 33/1984 his been filed of M/s. Modi Alkalies and Chemicals Ltd. Alwar Rajasthan and the other Appeal No. 154/1984, by the State of Rajasthan.

(3.)AT the time when the matter was taken up for arguments in these appeals, Mr. Pana Chand Jain, learned Counsel appearing on behalf of M/s Birla Jute and Industries Ltd. submitted that his client does not want to press the writ petition and does not want any relief from this Court and wants to withdraw the writ petitions unconditionally. Learned Counsel for the appellants have no objection in allowing the writ petition to be withdrawn, but they have prayed that the order of the learned Single Judge in view of the above circumstances should be quashed.


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