SAHARANPUR COLD STORAGE Vs. STATE OF U.P.

JUDGEMENT

(1.) IN this bunch of writ petitions the petitioners have challenged the Notification issued by the State Government every year beginning from the year 1982 to 1986 fixing hiring charges for storing potatoes in the Cold Storages in the State of Uttar Pradesh. The petitioners have prayed that the provisions of the Uttar Pradesh Regulation of Cold Storages Act (hereinafter referred to as the 'Act') be declared ultra vires and the State Government may be restrained from acting upon the provisions of the act and also prayed that mandamus be issued restraining the State Government from interfering with the petitioner's right to realise hiring charges of storing potatoes at the rate given by them. The writ petitions pertaining to the year 1982 have already been dismissed by a Division Bench of this Court at Allahabad, reference to which will be made later on in this judgment. Special leave petitions against the said judgment too were dismissed. For the year 1982, Notification was published on August 26, 1982 fixing Rs. 17.00 per quintal as hiring charges. The Advisory Board for the said year has recommended the rate of Rs. 17.50 per quintal as hiring charges. Prior to the publication of notification the arrears were charged at the rate of Rs. 18.60 p. per quintal as hiring charges for the years 1984 and 1985 although the Advisory Board had recommended Rs. 21.00 per quintal as storage charges, but the Government issued notification fixing the rate to be Rs. 19.00 per quintal. These notification too were issued several months after the start of the season.

(2.) THE writ petitions have been opposed by the State Government which has filed counter -affidavit and with reference to the previous decisions of this Court have prayed for dismissal of the writ petition.

(3.) A Division Bench of this Court in Ice and General Mills and others v. State of Uttar Pradesh, 1987 (13) A.L.R. 689. Pertaining to the notification dated May 26, 1986 issued by the State Government in exercise of its power under Section 29 of U.P. Regulations of Cold Storages Act, 1976 fixing maximum hire charges which a licensee may charge of potatoes at Rs. 19.80 per quintal for the period from February 15, 1986 to November 30, 1986 held that the notification of the State Government fixing sub -charges on facts and evidence was arbitrary. The Bench further held that the challenge of the notification on the ground of violation of Articles 14 and 19 of the Constitution was not barred under Article 31C of the Constitution of India.