M JHANGIR BHATUSHA Vs. UNION OF INDIA

JUDGEMENT

(1.) These appeals by special leave are directed against the judgment and order of the High Court of Delhi dismissing writ petitions complaining of discriminatory treatment between the appellants and the State Trading Corporation in regard to the rate of customs duty levied on the import of edible oils. A number of writ petitions have also been filed directly in this Court by other private importers based on the same complaint. They pray for relief in terms of the same rate of customs duty as has been applied to the import of edible oils effected by the State Trading Corporation.

(2.) As common question of law arises in these appeals and writ petitions and the facts are substantially similar, we propose to treat Writ Petition No. 3800 of 1980, M/s. Liberty Oil Mills v. Union of India and others, as the leading case.

(3.) On 17 January, 1977 the Government of India issued a Public Notice permitting private parties to import edible-oils for direct human consumption. It was not permissible to use such imported oils for the manufacture of Vanaspati Or for any industrial purpose. Under the Import Policy of 1978-79, the Government canalised the import of edible oils so that the State Trading Corporation alone was permitted to import edible oils. Some of the private importers who had entered into firm commitments with foreign suppliers and were now being denied permission to import the edible oils filed writ petitions in various High Courts, and these writ petitions were allowed and they were ' granted licences to import the edible oils.