NARAINDAS Vs. GOVERNMENT OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant is a printer and publisher of books in the State of Madhya Pradesh. The books printed and published by the appellant were at all material times very popular in the primary, middle and secondary schools in primary, middle and secondary schools in that State. Sometime in 1968 a Society called the Madhya Pradesh Pathya Pustak Rachna Avam Shaikhinik Anusandhan Nigam was registered under the Madhya Pradesh Societies Act, 1959. The Minister incharge of the portfolio of education was the ex-officio Chairman of this Society while some officers of the Government of Madhya Pradesh connected with the Education Department were ex officio members along with other non-official members nominated by the Government of Madhya Pradesh. This Society was known by the name of Text Books Corporation. It appears that the Text Books Corporation prepared text books in certain subjects for use in primary and middle schools and it was apprehended that the State Government would prescribe those text books for exclusive use in primary and middle schools throughout the State of Madhya Pradesh. This would naturally hurt the appellant in his business because the text books printed and published by him would be excluded from use and there would be no market for them. The appellant, therefore, filed Civil Suit No. 22A of 1973 in the Court of 4th Civil Judge, Class II, Jabalpur on 2nd March, 1973 claiming various reliefs against the State of Madhya Pradesh, the Text Books Corporation and the Registrar of Firms and Societies, Madhya Pradesh. An application for interim injunction was also filed by the appellant along with the plaint on the same day and on the application, an ex parte order of interim injunction was issued by the learned Civil Judge against the respondents. The notice of the application for interim injunction was served on the respondents and its hearing was fixed on 26th March, 1973. The State of Madhya Pradesh, which is respondent No. 1, made an application to the learned Civil Judge on 26th March, 1973 for vacating the ex parte order of interim injunction and though this application was fixed for hearing on 28th March, 1973, it was adjourned to 31st March, 1973 at the instance of respondent No. 1. In the meantime, on 27th March, 1973, respondent No. 1 filed a revision application in the High Court of Madhya Pradesh for revising the ex parte order of interim injunction passed by the learned Civil Judge. The High Court by an order dated 28th March 1973 admitted the revision application and granted ex parte stay of the operation of the ex parte order of interim injunction. The notice of the application for stay was served on the appellant and after hearing the appellant who appeared to show cause, the High Court by an order dated 2nd April, 1973 confirmed the ex parte order dated 28th March, 1973 staying the operation of the order of injunction dated 2nd March, 1973.

(2.) The appellant thereupon preferred a petition for special leave against the orders of the High Court dated 28th March, 1973 and 2nd April, 1973. The learned Vacation Judge, before whom the special leave petition came up for hearing during the vacation on 18th May, 1973, issued notice to the respondents to show cause why special leave should not be granted and on the application for stay, the learned Vacation Judge made an order granting "interim stay of the operation of the order of the High Court dated 28th March, 1973 as confirmed on 2nd April, 1973" and also stayed further proceedings in the revision application before the High Court pending notice of motion. On 5th June, 1973, this interim order dated 18th May, 1973 was modified by the learned Vacation Judge after hearing the parties and the relaxation granted was as follows:

(3.) On 27th June, 1973 an English Daily newspaper, called Hitwad, published a Press Note issued by the State Government which was to the following effect: