VIRGINIA TOBACCO GROWERS ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) The Writ Appeals are filed against the orders of the learned Single Judge affirming the decision of the Tobacco Board in announcing the crop holiday relating to the Virginia Tobacco for the year 2000-2001. The writ petition has been filed in support of the cause espoused by the appellants in the Writ Appeals.

(2.) Each year tobacco is grown in Andhra Pradesh and some others States like Karnataka, Orissa and Maharashtra and there are several varieties of tobacco and Virginia variety is one such. Further, there are grades in original tobacco having regard to several factors like quality of soil, crop etc.

(3.) While there is no tobacco zone as is found relating to sugarcane cultivation, for instance, sugarcane zones ear-marked and notified under Andhra Pradesh Sugar cane Supply Act. But, when the growers want to raise tobacco crop, be it Virginia or otherwise, they have to seeks permission from the Tobacco Board (herein after referred to as "the Board"). It is a misnomer to say that only relating to Virginia Tobacco, permission is necessary. May be, as of present, there is no regulation made to other varities of tobacco than Virginia, but the Tobacco Board Act, 1975, which is a Central enactment (hereinafter referred to as "the Act") deals with all kinds and varieties of tobacco and that is so clear from the provision contained in sub-sec. 3 of S. 8 of the Act.3A. In these cases, the question to considered is the correctness of the affirmation made by the learned single Judge of the notification issued by the Board on 7-6-2000 declaring crop holiday for the production of Virginia Tobacco in the State of Andhra Pradesh for the year 2000-2001.