LORD KRISIRTA SAGAR MILLS LIMITED IN PETRI NO 9 OF 59 AND SHIVA PRASAD BANARSI DAS SUGAR MILLS IN PETN NO 14 OF 59 Vs. UNION OF INDIA

JUDGEMENT

(1.) THE following Judgment of the court was delivered by

(2.) WRIT Petition No. 9 of 1959 has been filed by the Lord Krishna Sugar Mills, Ltd., Saharanpur and Shri Sushil Kumar, a Director of the said Mills. It was heard along with WRIT Petition No. 14 of 1959, which has been filed by Shiva Prasad Banarsidas Sugar Mills, Bijnor, through Seth Munnalal and also by him in his own name. These Mills are hereinafter referred to as the L. K. S. Mills and S. P. B. Mills, respectively. The petitions raise the same contentions, but in WRIT Petition No. 14 of 1959, there is one more circumstance, which will be mentioned later. The petitions are directed against the Union of India and the Indian Sugar Mills Association (Export Agency Division) Calcutta. The petitioners challenge inter alia the constitutionality of the Sugar Export Promotion Act, 1958 (30 of 1958),which shall hereafter be referred to as the Act. They question also the legality of certain orders passed by the second respondent purporting to be under the Act.

(3.) SECTION 6 then provides that on demand by the export agency, every owner shall deliver to it from time to time, sugar produced in his factory in such quantities (not exceeding in the aggregate his export quota fixed for the factory or group of factories, as the case may be), of such grade, in such manner,' within such time and at such place, as may be specified by the export agency in this behalf. If the sugar is delivered by an owner in accordance with the provisions of this section, he retains no rights in such sugar except his rights to receive payment therefor under s. 9 of the Act.