LAWS(UTN)-2012-5-7

UTTARAKHAND SUGAR MILLS ASSOCIATION Vs. STATE OF UTTARAKHAND

Decided On May 04, 2012
UTTARAKHAND SUGAR MILLS ASSOCIATION Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) HEARD Mr. Vishal Gupta, Advocate with Mr. A. K. Joshi, Advocate for the petitioners, Mr. P. C. Bisht, learned Brief Holder for the State, Mr. Manav Sharma, Advocate for respondent no. 4 and Mr. Shobhit Saharia, Advocate for respondent no.8.

(2.) THIS writ petition has been filed by Uttarakhand Sugar Mills Association and other sugar factories situated in the State of Uttarakhand, challenging the State Advised Price (from hereinafter referred to as "SAP") on sugarcane determined by the State Government under the powers vested with the State under Section 16 of the U.P. Sugarcane (Regulation of Supply and Purchase) Act, 1953 (from hereinafter referred to as "1953 Act").

(3.) SECTION 3(3C) with Explanation II of the EC Act reads as under:-