- (1.) IN this petition as well as Miscellaneous Petitions Nos. 352, 353, 354, 491, 492, 493 and 500 of 1970, one common question has been referred for decision by this Full Bench. This decision shall govern the disposal only of that question in all these petitions.
(2.) THE question for decision by this Full Bench is only one, which is as follows:-" whether the continuance of the Coal Cess Rules, 1935, made under the C. P. Local Self Government Act, 1920, on reorganization of the states after 1-11-1956 empowering the recovery of the coal cess thereunder within the district of Chhind-wara alone in the new State infringes Article 14 of the Constitution of India?" even though in the petition, violation of Article 14 is alleged for several reasons, at the hearing before us Shri Y. S. Dharmadhikari, learned counsel for the petitioners in all these cases, expressly confined the petitioners' case on the basis of Article 14 only to the above ground. We shall, therefore, confine our opinion to this question alone.
(3.) WHEN these petitions came up for hearing before this Full Bench for the first time, on 13-7-77 we adjourned the cases since Shri Y. S. Dharmadhikari prayed for grant of some tune to amend the petition so as to furnish the full particulars necessary for deciding the above question relating to infringement of Article 14 of the Constitution. We again granted further time to the petitioners' counsel on 5-8-1977 for this very purpose. Thereafter these petitions were listed before us on 14-11-1977. In spite of several months being granted to the petitioners for this purpose, no attempt to amend the petition and to supply the necessary particulars to support the petitioners' case based on Article 14 has been made. Shri Dharmadhikari, counsel for the petitioner, stated at the commencement of the hearing on 14-11-1977 that the petitioners did not propose to make any amendment in the petition and he then invited us to decide the point on the basis of the existing material. It is in these circumstances that we are called upon to decide this question.;