- (1.) Writ Petition No. 12640 of 1985 was filed before this court by one Kamal Kishore Khurana relating to distribution of oleo resin gum by the State of Jammu and Kashmir. During the pendency of the said writ petition, the State government brought in the Jammu and Kashmir Extraction of Resin Act (7 of 1986) by which State monopoly in the trade of collection, distribution and otherwise dealing with resin was created. Thereupon, three writ petitions being Nos. 751, 798 and 794 of 1986 were filed in this court challenging the vires of the Act. Each of the three writ petitioners had obtained the right to collect oleo resin gum or processing the same for industrial purposes from the State. In Vij Resins Pvt. Ltd. v. State of Jandk, decided on 12/05/1989 this court declared the provisions of Sections and 4 of the Act to be ultra vires the Constitution and held that since those provisions contained the soul of the Act and without them the Act could not operate, the entire Act was ultra vires the Constitution.
(2.) In paragraph 27 of the judgment this court directed: "Connected proceedings had been taken for interim arrangement regarding provision of raw material to the petitioners and certain Other parties. We do not propose to deal with those aspects in this judgment but liberty is given to parties to apply for such directions as they consider appropriate and such applications, when filed, will be dealt with separately. "
(3.) Messrs Pine Chemicals Limited appears to have no more interest in the litigation as the company has closed down its business. Messrs Prabhat Terpene and Synthetics Limited and another (hereafter to be referred to as 'prabhat') and Messrs Dujodwala Resins and Terpenes Private Limited (hereafter to be referred to as 'dujodwala') have made applications for consequential directions in terms of the position stated in paragraph 26 of the judgment.;