GANESH SUGAR WORKS Vs. STATE OF HARYANA

JUDGEMENT

(1.) I propose to dispose of Civil Writ Petitions Nos. 5587 and 5588 of 1985 also by this judgment as common questions of law are involved therein.

(2.) For facility of reference, facts mentioned in C.W.P. No. 5483 of 1985 may be stated here as under.

(3.) The petitioners have established Khandsari units at various places in the State of Haryana during the years 1960 to 1980 by making capital investments ranging from rupees one lac to Rs.13 lacs. The number of workers employed by them ranges from 30 to 200. They have given details in this regard in a statement Annexure-P.1. On coming into force of the Haryana Khandsari Sugar Manufacturers' Licensing Order, 1972 (hereinafter called 'the Khandsari Licensing Order'), they have been granted licences to manufacture Khandsari sugar. The licences were being renewed from year to year without any let or hindrance. Petitioners Nos.1 to 13 deposited the renewal fee under the Khandsari Licensing Order and requested respondent No.2 for the renewal of their licences for the year 1985-86. Their applications were, however, rejected by the Cane Commissioner, respondent No.2. A copy of letter dated 18-10-1985, vide which renewal of licence in favour of petitioner No.1 was declined is Annexure-P3. Similar and identical orders were issued in response to the applications for renewal made by petitioners Nos.2 to 13. Petitioners Nos.14 and 15 were not allowed to deposit the licence fee on the pretext that no licence of any Khandsari unit was to be renewed. The petitioners have prayed for a writ in the nature of certiorari quashing the order Annexure-P.3 refusing renewal of licence so far as petitioner No.1 is concerned and also for quashing the identical orders issued in respect of petitioners Nos.2 to 13. They have also sought a writ in the nature of mandamus directing the respondents to renew the licences of the petitioners for the year 1985-86. A further prayer is made that the Sugarcane (Control) Order, 1966 (hereinafter called 'the Control Order'), and the Khandsari Licensing Order which have been promulgated by the State of Haryana by exercising powers delegated to it under the Control Order, be declared ultra vires the provisions of S.3 of the Essential Commodities Act, 1955 (hereinafter called 'the Act'), and particularly clause 3(3)(c) of the Khandsari Licensing Order be struck down as violative of Arts.14 and 19(1)(g) of the Constitution of India.