UDAY SHANKAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition is by 19 petitioners. Some are individuals, the others Co-operative Societies. The petition challenges certain amendments which have been made to the Bihar Sugarcane (Regulation of Supply and Purchase) Act, 1981 by the Bihar Sugarcane (Regulation of Supply and Purchase) (Amendment) Act, 1993, Bihar Act No. 11 of 1994.

(2.) The thrust of the complaint in the petition is on deleting the expression "Co-operative Societies" from certain Sections of the Act and consequently taking away the rights and privileges of the Co-operative Societies in respect of regulation of supply and purchase of sugarcane. This submission is made in paragraph 1 of the writ petition itself. The reference to amendments which have been incorporated is in Sections 2(g), 29, 31, 32, 33, 35, 39, 40, 41, 42, 43, 44, 46, 48, 50 and 60 of the Act. In paragraph 2 of the writ petition, it is stated in no uncertain terms that there is no reason or necessity for the amendments made deleting the rights and duties of the "Co-operative Societies" and "Co-operative Development and Cane Marketing Union Ltd." The contention is that the amendments are against the preamble of the Act which has been enacted to regulate the purchase, supply and distribution of sugarcane intended for use of sugar factories concerned and convenience of the member of the Co-operative Societies. Thus, it is contended that the amendments, so incorporated into the Act, are ultra vires. The petitioners submit in undertones in paragraph 5, that they are aggrieved because the Act has inserted the expression" Cane Growers Co-operative Society" by removing the general reference to co-operative societies. The contention is that co-operative societies in generality have been removed from the scene and the field has been given exclusively to co-operative societies whose members are cane growers. This aspect has been referred to in paragraph 6 of the petition.

(3.) From these contentions it is clear that perhaps there is a business rivalry between co-operative societies generally and co-operative societies which are specifically constituted of cane growers of the areas in context.