HARISH CHANDRA GUPTA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The three petitioners are separately employed in the business, as cottage-industry, of manufacture of Khandsari sugar in the district of Bijnor. They have, as part of that industry, installed power-crushers also for extracting juice from sugar-cane. The crushing capacity exceeds in each case the figure of 250 maunds per day. They are in this business for the last many years. It does not appear that they themselves are growers also of sugar-cane but they purchase it from sugar-cane growers of the surrounding area.

(2.) The Central Government has by virtue of its power under Section 3 of the Essential Commodities Act 1955, Act X of 1955, promulgated the Sugar (Control) Order, 1955. In this order, which hereinafter will be referred to as 'the Central Order', sugar is defined thus:

(3.) After a very short interval, the State Government, in view of the above delegation effected in its favour promulgated the U. P. Khandsari Sugar Manufacturers Licensing Order, 1959, hereinafter in this judgment referred to as 'the State Order'. This was made applicable to the districts of Uttar Pradesh described in Schedule I thereof. Bijnor, where the petitioners are engaged in this business, is in-eluded in the list given in Schedule I. Sub-ci. (a) of Clause 2 of this Order defines sugar in these terms: