JAGATSINGHPUR SUGARCANE GROWERS Vs. UNION OF INDIA

JUDGEMENT

(1.) Sugarcane growers of different places have filed the aforesaid writ applications for a declaration that para-C of sub-clause(l) of Clause-6 of the Sugarcane Control Order, 1966 is violative of Articles 14, 19(l)(g) and 300-A of the Constitution of India and also for a declaration that the order in Annexure-1 and letter in Annexure-2 are ultra vires of the provisions of Articles 14, 19(l)(g) and 300-A of the Constitution of India and also for issuance of a writ permitting the petitioners to harvest and sell their sugarcane to any sugar factory of their choice.

(2.) That at the time of argument Shri Sanjit Mohanty. learned senior counsel appearing for the petitioners in all the four writ applications submitted that the petitioners do not press prayer Nos. 1 and 2 and only seek for a direction from the Court permitting the sugarcane growers to harvest and sell to any sugar factory of their choice without any restriction being put under the provisions of Clause-6 of Sugarcane (Control) Order, 1966. In normal course in view of the prayers 1 and 2 the writ application should have been heard by a Division Bench, but because of submission of the learned counsel for the petitioner confining his case to prayer No.3 these cases have been taken up by this Court for hearing.

(3.) Case of the petitioners in all the four cases being similar and relief claimed being similar, they were heard together and are disposed of in a common judgment. The petitioner in each case represents the farmers who grow sugarcane in the undivided Cuttack district. Their case is that generally sugarcane is a tropical crop grown in major parts of India and the cultivation starts from the month of October. Normally sugarcane take 11 to 12 months to mature for the purpose of harvesting and sale. The further case of the petitioners is that the existence as well as development of sugarcane in undivided Cuttack district was because of M/s. Sakthi Sugars Limited located in the district of Dhenkanal. who has been arrayed as opposite party No.3. The said Sakthi Sugars Limited for establishing their sugar factory at Dhenkanal has started its cane development activities in and around border areas of Dhenkanal and Angul districts during the year 1991-1992. The farmers who are now engaged in growing sugarcane were earlier depending on one paddy crop in a year and because of encouragement and technical know-how given by M/s. Sakthi Sugars Limited they decided to take up alternative cash crop for better financial stability and accordingly started growing sugarcane. It is also case of the petitioners that under the technical guidance of M/s. Sakthi Sugars Limited the first harvest gave the farmers a substantial profit as a result of which the farmers started sugarcane cultivation in a larger scale from 1993-94. The petitioners also state in their writ applications that the farmers are cultivating sugarcane from the year 2003-04 by taking financial, technical and other inputs like seeds, fertilizers, chemicals and other irrigational infrastructure requirement from M/s. Sakthi Sugars Limited on the understanding that they would supply the crop to it. When the matter stood thus the Government of Orissa in the Department of Agriculture issued a notification dated 16-2-2004 reserving areas for different sugarcane factories operating in the State in exercise of powers under sub-clause (1) of Clause 6 of Sugarcane (Control) Order, 1966 read with notification of the Government of India in the Ministry of Food, Agriculture Community Development and Co-operation dated 16-7-1966. Though the petitioners do not question the powers of the State Government in reserving areas for different sugarcane factories operating within the State, their case is that even on the face of the said provision they are entitled to supply sugarcane to any factory of their choice. The order in Annexure-2 has been passed by the Principal Secretary to Government in the Department of Agriculture directing M/s Sakthi Sugars Limited to stop procurement of sug arcane from those areas which are exclusively reserved for M/s Baramba Cooperative Sugar Industnes Limited This has been challenged on the ground that because of such a restriction put by the State Government, M/s Sakthi Sugars Limited is not in position to purchase sugarcane from the farmers