ANDANESH DANDAPPA MANVI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In all these petitions under Articles 226 and 227 of the Constitution of India, the petitioners, who are proprietors of Ginning and Pressing Factories in the State of Karnataka, have sought for a declaration that Section 2B(2) of the Cotton Ginning and Pressing Factories Act, 1925, as substituted by the Cotton Ginning and Pressing Factories (Karnataka Amendment) Act, 1986 (hereinafter referred to as the Karnataka Act), is violative of Article 14 of the Constitution. They have also sought for quashing the Notification dated 13-3-1987 bearing No. AHD 471 AMS 86 (Annexure-E) published in the Karnataka Gazette dated 16th March 1987. They have further sought for a direction to the respondent to fix the rates in accordance with Rule 8 of the Karnataka Cotton Ginning and Pressing (Rate Fixing Committee) Rules, 1982 (hereinafter referred to as the Rules).

(2.) Writ Petitions Nos. 5216 to 5218, 13321, 13332 of 1987 and W.P.No. 3516 of 1988 relate to the fixation of rates for ginning and pressing for the year 1986-87; whereas, Writ Petitions Nos. 17352 to 17354 of 1987 relate to the fixation of rates for ginning and pressing of cotton for the year 1987-88. For the aforesaid two years i.e., 1986-87 and 1987-88 rates are fixed State-wise and not District-wise.

(3.) Having regard to the contentions urged on either side, the following points arise for consideration: