TMI Blog2015 (4) TMI 692X X X X Extracts X X X X X X X X Extracts X X X X ..... ed (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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... yam, 1964. Sri Bharat Ji Agrawal has also relied on the judgment in the case of Income-tax Officer ALLEPPY Vs. M.C. Ponnoose and others etc., reported in (1969) 2 SCC 351, to substantiate his submission to the effect that an executive fiat cannot override the existing rule nor it can be invoked for the purpose of giving retrospective effect to such an order. Sri Agrawal further contends that the 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 (supra) which has been relied upon and i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gar Industries (supra) does not lay down the correct proposition of law and the declaration of the earlier judgment to be obiter is not in conformity with the pleadings that were there on record in the writ petition as well as in the grounds taken before the High Court as well as before the Apex Court. So far as the issue of the effect of the judgment in Dwarikesh Sugar Industries (supra) 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 interi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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