SATYAPAL ANAND Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petition has been filed by the petitioner challenging the order passed by the State Government dated 9 -10 -1973 refusing to exempt the petitioner from the operation of the levy order.

(2.) ACCORDING to the petitioner the levy order does not apply to the petitioner as he does not grow wheat (food stuff) but only grow wheat seed which is not fit for human consumption and is not fit for distribution to the general public.

(3.) THAT the Government of Madhya Pradesh issued an order known as M. P. Wheat Procurement (Levy) Order, 1973 dated 20 -4 -1973 (hereinafter referred to as 'Levy Order 1973') imposing a levy with immediate effect on agriculturists as defined therein at the rate of 40 kg. per acre in case of uninvited and 100 kg. per acre in the case of irrigated, where the area under wheat is more than 12 acres. This order was issued, according to the petitioner, for the purpose of procuring adequate quantities of wheat for public distribution. According to the petitioner this order only applies to those agriculturists who grow wheat for human consumption; but as the petitioner does not grow wheat but still the levy of 13.51 quintals was imposed upon him which according to the petitioner could not be imposed as the petitioner does not produce wheat at all.