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State of Orissa and anr. Etc. Vs. Salil Kumar Soor and anr. Etc. - Court Judgment

LegalCrystal Citation
SubjectConstitution
CourtSupreme Court of India
Decided On
Case NumberCivil Appeals Nos. 747, 750, 748, 751 to 764, 766 to 952 of 1985 (Arising out of SLP Nos. 2537, 2538, 2539, 2542 to 2555, 2557 to 2743 of 1980), decided on March 1, 1985.
Judge
Reported in1985(Supp)SCC378
ActsConstitution Of India - Article 226
AppellantState of Orissa and anr. Etc.
RespondentSalil Kumar Soor and anr. Etc.
Excerpt:
- [a. n. sen; v. b. eradi, jj.] - constitution of india - article 226 -- the said judgment of the high court was the subject-matter of civil appeal no. 219 of 1982 state of orissa and others v. the titaghur paper mills company limited and another heard along with civil appeal no. 220 of 1982 state of orissa v. mangalji mulji khara and others which appeals have been disposed of by our judgment delivered today. the questions which fall for determination in the above appeals are the same as in the said civil appeal no. 220 of 1982. accordingly, we allow these appeals in part and make the same declaration in these appeals as in the said appeals nos. 219-220 of 1982......respondents in the above appeals. the said judgment of the high court was the subject-matter of civil appeal no. 219 of 1982 state of orissa and others v. the titaghur paper mills company limited and another heard along with civil appeal no. 220 of 1982 state of orissa v. mangalji mulji khara and others which appeals have been disposed of by our judgment delivered today. the questions which fall for determination in the above appeals are the same as in the said civil appeal no. 220 of 1982. accordingly, we allow these appeals in part and make the same declaration in these appeals as in the said appeals nos. 219-220 of 1982. we further direct that if in case any assessment order has been made in the case of any of the contesting respondents including therein purchase tax on the amounts.....
Judgment:

A. N. SEN; V. B. ERADI, JJ.

1. Special leave granted in all the above petitions.

2. These appeals are directed against the judgment and order of the High Court Orissa disposing of 209 writ petitions under Article 226 of the Constitution of India filed before it including the writ petitions filed by the contesting respondents in the above appeals. The said judgment of the High Court was the subject-matter of Civil Appeal No. 219 of 1982 State of Orissa and Others v. The Titaghur Paper Mills Company Limited and Another heard along with Civil Appeal No. 220 of 1982 State of Orissa v. Mangalji Mulji Khara and Others which appeals have been disposed of by our judgment delivered today. The questions which fall for determination in the above appeals are the same as in the said Civil Appeal No. 220 of 1982. Accordingly, we allow these appeals in part and make the same declaration in these appeals as in the said appeals Nos. 219-220 of 1982. We further direct that if in case any assessment order has been made in the case of any of the contesting respondents including therein purchase tax on the amounts paid by such respondents under the Timber Contracts entered into by them with the State of Orissa, such item of purchase tax shall be deleted from the concerned assessment orders and consequential modifications shall be made therein. There will be no order as to the costs of these appeals.


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