BIHAR SUGAR MILLS ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition, petitioners are aggrieved on account of less fixation of price of levy sugar by Respondent no. 1 for North Bihar zone.

(2.) ACCORDING to the learned counsel for the petitioners while fixing price of levy sugar the Respondent -authority has not complied with the requirement of consideration as provided under Section 3 (3C) of the Essential Commodities Act and have committed serious error in fixing price of levy sugar in North Bihar vis -a -vis other zones. It is submitted that, in fact, the Respondent -authorities have fixed the price of levy sugar for North Bihar zone only on the basis of the details furnished by the three Sugar Mills i.e. Harinagar Sugar Mills, Majhaulia Sugar Mills and Hasanpur Sugar Mills and have not taken into consideration the recovery, duration of season and cost of production of other units of the zone in question.

(3.) BE that as it may, in the facts, and circumstances, this Court finds it appropriate to direct that the petitioner should approach the Secretary, Ministry of Consumer Affairs, Food and Public Distribution, Department of Food & Public Distribution, Krishi Bhawan, New Delhi (Respondent no. 1) with details, in support of their grievance which shall be considered and disposed of by the Secretary on hearing the parties by a reasoned order within four weeks of their approaching the Secretary by way of detailed representation. It is needless to add that if the Secretary finds substance in the stand of the petitioners he shall issue fresh notification redetermining the price of the levy sugar accordingly.