SALT COMMISSIONER OF JAIPUR Vs. SAVTRI SALT SUPPLIERS

JUDGEMENT

(1.) Leave granted.

(2.) M/s Savitri Salt Suppliers filed Writ Petition No. 573 of 1994 in the high Court of Gauhati seeking certain directions against the appellant, Salt commissioner, Government of India. The High Court issued certain directions on 26-5-1997 with regard to allocation of BG rakes to the said company for import of common salt from outside the State of Tripura. Thereafter, the appellant, Salt Commissioner, Government of India passed an order dated 19-11-1997 allocating 1 BG rake for November 1997 to M/s kailash Traders (nominee of the Tripura Government) for import of iodised salt and one other BG rake for December 1997 to M/s Savitri Salt Suppliers for import of common salt from outside into the State of Tripura. It was stated that the rake for December 1997 was assigned to M/s Savitri Salt suppliers in compliance with the order of the Gauhati High Court dated 26-5-1997 in Writ Petition No. 573 of 1994 filed by M/s Savitri Salt suppliers. On the ground that the order of the High Court dated 26-5-1997 did not imply that one BG rake was to be allocated in favour of M/s Savitri salt Suppliers for December 1997 out of the 12 BG rakes allocated to the state of Tripura for 1997 and that the Salt Commissioner had misunderstood the order of the High Court dated 26-5-1997, M/s Kailash Traders filed Writ petition No. 630 of 1997 in the High Court of Gauhati. The High Court passed an order on 5-1-1998 stating that Writ Petition No. 630 of 1997 was not maintainable and the High Court also made it clear that the judgment dated 26-5-1997 did not give any direction that one BG rake should be taken away from the State quota. With the abovesaid observations, the writ petition filed by M/s Kailash Traders was dismissed.

(3.) Thereafter, writ petition against the said judgment dated 9-2-1998 was filed by M/s Kailash Traders in the High Court and the present appeals arise out of the order passed in the writ appeal. We may state that Writ Petition no. 630 of 1997 and the above writ appeal were filed by Mr Hari Prasad nathi representing M/s Kailash Traders. In the writ appeal, the High Court again made it clear that the order dated 2,6-5-1997 made in favour of M/s savitri Salt Suppliers did not amount to curtailment of the quota earmarked for the State of Tripura. The Division Bench made the following observations: