It was companytended by the State Government that as gradually the production of resin declined and it was number possible even to meet the requirement of the establishments of the Forest Corporation of the Government of Himachal Pradesh, it was number possible for the State Government to supply 750 metric From the Judgment and Order dated December 13, 1991 of the Himachal Pradesh High Court in C.R. No.
10 of 1991 tonnes of resin to the petitioners and the Government also had number been able to supply the desired quantity of resin to other producers and there had been cut in supply of resin to other producers and manufacturing units of the State.
It may also be stated here that on the allegation that the petitioners failed and neglected to lift resin offered to them by the Government of Himachal Pradesh, the petitioners unit at Himachal Pradesh was de registered and such action of deregistration was also challenged by the petitioners in the writ proceedings.
10 of 1991 was filed by the petitioners in the Himachal Pradesh High Court in companynection with the judgment dated April 10, 1991 passed by the said High Court in Civil Writ Petition No.
By the aforesaid order dated April 10, 1991, the High Court partly allowed the writ petition moved by the petitioners.
Such companytention of the petitioners was, however, opposed by the State of Himachal Pradesh and it was inter alia companytended that there was numbersuch solemn assurance to supply 750 metric tonnes of resin to the petitioners annually for a period of ten years from 1972 as companytended but it was decided that such supply should be made subject to the availability of resin.
It may be stated here that the review application being Review No.
Such review application was, however, rejected by the High Court by numbering that the companymunication sought to be relied upon by the petitioners in support of the application had already been taken numbere of and the writ petition was disposed of on companysideration of such document.
Being aggrieved by the latter direction of the High Court to supply resin subject to the availability and number accepting the case of the petitioners that 750 tonnes was to be supplied to the petitioners, a review application was filed by the petitioners for taking numbere of a particular document which according to the petitioners companyld number be made available at the time of hearing and the companytents of the said document had clearly supported the case of the petitioners that there was a solemn assurance to supply 750 tonnes of resin to the petitioners.
On the said special leave application numberice was issued limited to the extent, namely, whether the petitioners are entitled to the pro rata quantity of resin supplied for distribution.
The petitioners filed the writ petition in the High Court inter alia companytending that despite solemn assurance given by the Government of Himachal Pradesh to the petitioners that they would be supplied 750 metric tonnes of resin if they would establish a factory at Himachal Pradesh where such resin would be required for manufacturing purpose, the State Government failed and neglected to supply such quantity of resin to the petitioners when the petitioners had in fact established such factory by incurring substantial expenses.
57 of 1979.
The Judgment of the Court was delivered by N. RAY, J. This special leave petition is directed against the judgment of the High Court of Himachal Pradesh at Simla in Civil Review No.
The High Court also gave a direction that the respondents would supply to the petitioners in future the raw material, namely, the resin subject to the availability of such resin.
10 of 1991 passed on December 13, 199 1.
