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2015 (4) TMI 692 - ALLAHABAD HIGH COURTApplication for interim relief - Validity of Order passed by Excise authority - Violation of provisions of rules and regulations under Uttar Pradesh Sheera Niyantran Adhiniyam - Prospective effect or retrospective effect - Review of own previous judgment - Held that:- earlier reservation for 2012-13 of 20% of the product of molasses was to continue till a new policy was promulgated, which in the present case has been done on 14.8.2014. Learned Standing Counsel, on the other hand, contends that the decision in the case of M/s Triveni Engineering and Industries Limited (2011 (3) TMI 1526 - ALLAHABAD HIGH COURT) which has been relied upon and is Annexure-9 to the writ petition, has been considered by a coordinate Bench in the other case of Dwarikesh Sugar Industries Limited Vs. State of U.P. and others, [2015 (4) TMI 611 - ALLAHABAD HIGH COURT]. So far as the issue of the effect of the judgment in Dwarikesh Sugar Industries (2015 (4) TMI 611 - ALLAHABAD HIGH COURT) is concerned, we are of the opinion that we cannot review the said judgment, and it is a precedent of binding nature so long it is not set aside. Further even if the judgment does not lay down the law correctly, the same can only be assailed after the State is given an opportunity to file a counter-affidavit and the matter is heard. So far as the interim order passed by the Apex Court is concerned, the same does not come to the aid of the petitioner at this stage.
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