MESSRS HARYANA RICE MILLS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition at the instance of a few registered dealers/ricemillers, carrying on their business in the State of Haryana, challenging the Haryana Rice procurement (Levy), Third Amendment order, 1988. The provision under challenge is as follows :-

(2.) The grouse of the petitioners is that they are holding stock of large quantities of rice of Punjab No. 1, mentioned at serial No. 3 in said schedule, as also Basmati mentioned at serial No. 4 in the said schedule, as these two varieties in the agricultural year 1987-88 were levy free. It is further maintained by the petitioners that they had purchased paddy of these varieties at high prices and after milling it, expected high profits. The grievance of the petitioners is that now under the impugned order levy has been created for all qualities of rice expected to be milled from paddy brought for sale in the State making it compulsory on them to sell to the Government 75 per cent of the said rice held in stock by them and other rice to be milled and that, too, at low prices mentioned in SCHEDULE III. This is termed by the petitioners to be arbitrary and violative of the Fundamental Rights granted to them under Articles 14 and 19(1)(g) of the Constitution of India, besides being unreasonable and unfair.

(3.) We sent for the Advocate general, Haryana to clarify the position. He is here and we have heard him.