PRAKASHRAO K VAIDYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In these Petitions under Articles 226 and 227 of the Constitution, the petitioners have sought for issue of a Writ in the nature of mandamus directing respondents 2 and 3 to forbear from interfering in the crushing operations being carried on by the petitioners by bullock drawn crashers and further to release the parts of crushers seized from them.

(2.) By an interim order dated 9-12-1981, the respondents were directed to return the seized parts of crushers. Accordingly, it is submitted on behalf of the petitioners that the seized parts of crushers have been returned to them. That interim order need not be disturbed. Accordingly, it is affirmed by this final order and it shall form part of this order.

(3.) The petitioners are the growers of sugarcane. The lands in which they grow sugarcane are situated within the area reserved for the Kampli Co operative Sugar Factory. The contention of the petitioners is that under the Sugarcane (Control) Order, 1966 and Karnataka Licensing of Crusher (Amendment) Order, 1980 (hereinafter referred to as 1966 Order and 1980 Order respectively) for crushing sugarcane through the crushers drawn by bullock or any other animal, no licence is required to be obtained. Therefore, the action of the respondents in seizing the parts of crushers and preventing the petitioners from crushing sugarcane through the crushers drawn by bullock or any other animal is unauthorised and is opposed to the provisions of 1966 Order and 1980 Order.