K. NAGINA, SOLE PROPRIETOR, MESSRS NAGINA ENTERPRISE KASHMIR ROAD, AMRITSAR Vs. THE DIRECTOR OF INDUSTRIES PUNJAB, CHANDIGARH AND ANOTHER

JUDGEMENT

(1.) BRIEFLY , the facts are that the Petitioner installed an indigenous soap manufacturing plant under the name and style of Nagina Enterprise at Amritsar, in the month of April, 1973. It is alleged that in order to deprive the Petitioner of the allocation and release of hard fats and other facilities for the entire year 1973 -74, the Senior Director Industries Officer registered him as a Small Scale Industrial Unit in March, 1974. The Petitioner having felt aggrieved against his action filed a Civil Writ Petition No. 4707 of 1974 in this Court. The secretary to the Government Punjab, Industries Department, issued directions to the Director of Industries Punjab to the effect that no further quota of raw material namely hard fats be released to him till the writ petition was decided by the High Court.

(2.) THE case of the Petitioner is that in view of the aforesaid order he filed another writ petition titled as N. Nagina v. State of Punjab and Ors. (C.W.P. No. 127 of of 1977) in this Court praying that the Respondents be directed to allot and release the quantity of hard fats to his industrial unit for the years 1974:75, 1975 -76 and 1976 -77. The petition was accepted on May 17,1977 by a learned Single Judge and the State Government was directed to release the quantity of hard fats to the Petitioner for the aforesaid years. The Letters Patent Appeal by the Single Judge was dismissed by the Letters Patent Bench on July 22, 1977.

(3.) AFTER the contempt petition was dismissed, the Petitioner received a delivery order from the Godown Supervisor of the Managing Director, Punjab State Small Industries Corporation Chandigarh informing him that 131.120 M. tons of hard fats shall be allocated to him at the rate of of Rs. 6,8000/ - per M. ton and the remaining 40.720 M. tons of hard fats would be released to him on receipt of fresh stock at the rate of which would be intimated at the time of delivery. He requested the Managing Director to charge price at the rate of Rs. 5,3000/ - per M. ton as was being done by him in other cases. He, however, did not agree to the Petitioner's request and insisted that he could lift 131.120 M. ton. of hard fats on payment of Rs. 6,800/ -per M. ton. He further threatened that in case the Petitioner failed to lift the material the same would be disposed of at his risk. The Petitioner thereafter met several officers but to no result. Consequently, he filed another contempt petition numbered as C.O.C.P. 57 of 1978.