1990 (12) TMI 340

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....ecision in that appeal, are rightly not pressed before us by Mr. E.C. Agarwala, advocate for the appellant. However, he submits that there is one question, namely, the mala fides involved in withdrawing the notification of January 24, 1969 by another notification of August 23,1977 and this point is distinct to the present appeal. 3. In support of his contention of mala fides he pointed out to us that in the writ petition which was filed by the appellants in the High Court in paragraph 15, it was averred as follows : That in June, 1977, General Elections were held to the Haryana State Legislature. The Congress party was defeated and the Janata Party formed the Government in Haryana. 4. It is his contention that when the indust....

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....tion which is mala fide since the new Government, viz., the Janata Government which came to power in the General Elections of June, 1977 did it to undo what the earlier Congress Government had done. 7. Although in the special leave petition, a specific allegation is made that the withdrawal of the exemption by the notification of August 23, 1977 was a mala fide act on the part of the new Government, there is no such averment made admittedly in the writ petition which was filed before the High Court. Except a bare statement of the event in paragraph 15 which we have reproduced verbatim above, we do not find any averment with regard to the mala fides or any contention on that behalf in the petition. The mala fides are essentially questions....