BHOPAL SUGAR INDUSTRIES LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Bhopal Sugar Industries Ltd., petitioner No. 1 in this petition, is a public limited company which owns a sugar factory at Sehore. Petitioner No. 2 is a share -holder of the company. By this petition under Article 226 of the Constitution the petitioners pray for quashing of the Sugar (Price Determination for 1980 -81 Production) Order, 1980, in so far as it relates to Madhya Pradesh Zone.

(2.) THE price fixed by the impugned Order was for levy sugar and was different for different zones. By levy sugar is meant the sugar requisitioned under the Levy Sugar Supply (Control) Order 1979. For Madhya Pradesh zone, the price of D -30 grade of sugar for delivery into railway wagons in respect of factories specified in Schedule V of the Order was Rs.344.97 per quintal. The price fixed for factories specified in Sch. VI for the same grade of sugar was Rs.369.41 per quintal. The prices for other grades of sugar were also similarly fixed with slight variations. The petitioner's factory is in Schedule V. The sugar year 1980 -81 commenced from 1st October 1980 and ended on 30th September 1981. The in pugned order was issued under section 3(3 -C). of the Essential Commodities Act, 1955.

(3.) THE Department of Food, Ministry of Agriculture, by office Memorandum dated 25th March 1980, appointed a High level Committee with the following terms of reference :