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TMI Blog1981 (2) TMI 245X X X X Extracts X X X X X X X X Extracts X X X X ..... r the manufacture of resin and turpentine oil. The industries of the petitioners' in Writ Petitions Nos. 3465 of 1980 and 3231 of 1980 were provisionally registered but revalidated for short periods. The industry of the petitioner in Writ Petition No. 3464 of 1980 was provisionally registered, revalidation was applied for but was not granted. The industry of the petitioner in Writ Petition No. 5908 of 1980 was formally registered. It appears that the petitioners were applying to the Government for allotment of resin as well as raw material for their industries but the Government referring to their policy decision of March 20, 1978 refused to make any allotment of Oleo resin to them. The petitioners in Writ Petition Nos. 3464 and 5908 of 1980 have alleged that they purchased raw-material from the open market and somehow managed their industries to run for a certain period. 3. Resin is admittedly a forest product extracted from Chir trees . It has been alleged that only three States of India, namely, Himachal Pradesh, Uttar Pradesh and Jammu and Kashmir have Chir forests. The petitioners have alleged that the State of Himachal Pradesh and Uttar Pradesh stopped selling resin f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its availability from year to year. By order of the Govt. of J K. Sd/- (Sheikh Ghulam Rasool) Secretary to Government. The orders as per annexures L to W in favour of respondents 17 to 26 are identical in material parts. It will be sufficient if the material portion of Annexure N is quoted. It runs thus. Sanction is accorded to the supply of crude (oleo) resin by the Forest Department to M/s. Kashmir R T Works, Srinagar, for their factory at Srinagar, subject to the terms and conditions of the agreement to be entered into between the Forest Department and the party and on the following specific conditions:- 1. The Forest Department will supply Crude (oleo) resin @ 700 TPA to the firm from the date the Unit is formally registered subject to its being reviewed with due regard to its availability from year to year; 2. The resin will be supplied @ ₹ 320/- per quintal, unless otherwise reviewed on year to year basis. 3. The cost of empty tin will be charged @ Rs. 5/- per tin in addition to the above rate; 4. By order of the Government at Jammu and Kashmir. Sd/- Sheikh Ghulam Rasool Secretary to Government. (emphasis added) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Doda 1 Kathua 9 Anantnag 2 Srinagar 11 Outsiders 12 GRAND TOTAL 110 Applications ----------- They have also shown the allotments of resin districtwise. The industries of the respondents No. 4 to 16 are also small scale industries. The break-up of the small scale industries as given in Annexure R.II (in W.P. No. 3464) shows that Jammu has the largest number of units namely, 10, Second comes Srinagar with 4, then come Udampur with 3, Kathua (in Jammu Division), Anantnag and Baramulla (in Kashmir Division), with one each. Rajouri in Jammu Division has none. It appears that the industries of the present applicants are also in the Jammu region and those of respondents No. 4 to 16 also appear to have been located in the Jammu region. In their affidavit at para 3 respondent No. 1 has stated that all the applications for allocation of resin were considered from time to time at various levels by the State Government and it was decided on May 30, 1980 as follows: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .P. No. 3465 of 1980 alleges that his industry was provisionally registered on 25-10-1975 which was extended upto April, 1979. Letter of 31st May, 1979 shows that his industry was later on formally registered as a small unit. This factory was producing resin and turpentine out of the resin which he purchased from open auction He was approaching the Government from time to time to get requisite quantity of raw-materials but failed to get it. Petitioner, Shamlal Kapoor, Director of Jammu Resin Enterprises Private Limited, alleges that his industry was formally registered with the Government of J K. He alleges that his industry was functioning for a long time and trying to get necessary quota of raw-materials from respondent No. 1. He was approaching the Government to get requisite quota. Sud Pine Industries, was provisionally registered on 10-3- 1978 and formally registered on 10-10-1978. It appears from Annexure N, in respect of respondent M/s Kashmir R T Works (respondent No. 17), Annexure O in respect of M/s. Sun Shine R T Industries (respondent No. 18), Annexure P in respect of M/s. Woolan Paints and Chemicals Scopore (respondent No. 19) Annexure Q in respect of M/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sence of any arbitrary discrimination by the law or in their administration. No undue favour to one or hostile discrimination to another should be shown. A classification is reasonable when it is not an arbitrary selection but rests on differences pertinent to the subject in respect of which the classification is made. The classification permissible must be based on some real and substantial distinction, a just and reasonable relation to the objects sought to be attained and cannot be made arbitrarily and without any substantial basis.. ........ (See State of West Bengal v. Anwar Ali. The classification must not be arbitrary but be rational, that is to say, it must not only be based on some qualities or characteristics which are to be found in all the persons grouped together and not in others who are left out. Those qualities or characteristics must have a reasonable relation to the object of the law. In order to pass the test, two conditions must be fulfilled, namely, (1) that the classification must be founded on an intelligible differentia which distinguishes those that are grouped together from others, and (2) that differentia must have a rational relation to the object sought ..... X X X X Extracts X X X X X X X X Extracts X X X X
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