TMI Blog2003 (12) TMI 651X X X X Extracts X X X X X X X X Extracts X X X X ..... writ petitions praying therein that Section 3 and the Table Part B Item 4 and Explanation (b) of the Madhya Pradesh Electricity Duty (Amendment) Act, 1986 (for short the Act ) may be struck down. The appellant is a government company, wholly controlled by the Union of India. The Malajkhand Copper Project in Madhya Pradesh is engaged in extraction of copper ores from the captive mines of Madhya P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pproach of the respondents has been selective and discriminatory. The High Court, as it appears from the impugned judgment, did not focus its attention appropriately in regard to the interpretation of the word adjacent occurring in clause (b) of the Explanation but proceeded on the basis of the connectivity of the process with the extraction of minerals. In doing so, it also relied upon the Judg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on to the controversy which neither arose as a fact nor was considered. He added that the High Court also was not right and justified in taking the view that the question of discrimination alleged could not be examined for want of necessary pleadings. According to him, once the appellant alleged discrimination and gave certain details, it discharged its initial burden. It was for the respondents t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... el specifically whether any counter-affidavit was filed before the High Court, he submitted that it was filed and sufficient details were pleaded to show that there was no discrimination as alleged by the appellant to single it out and to insist it to pay duty at a higher rate. Since the High Court relying upon the decision of this Court, aforementioned, proceeded to dispose of this case, it did n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rit petitions to the High Court for disposal afresh in accordance with law and on merits dealing with the contentions raised by either side. Having regard to the controversy involved and that the matters are pending for quite some time, we request the High Court to dispose of the writ petitions within a period of three months from the date of receipt of the copy of this order. ( 5. ) The interi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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