BIHAR SUGAR MILLS ASSOCIATION BRANCH OF ALL INDIA SUGAR MILLS ASSOCIATION NEW DELHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) There are 11 petitioners in this application - the first petitioner being an association of the Same Sugar Mills, who are petitioners No. 2 to 11. The respondents are two in number - First respondent being the State of Bihar through Secretary in the Department of sugarcane-cum-Industries and, the second the Cane Commissioner, Bihar.

(2.) The petitioners have challenged the order dated November 29, 1996, issued by the Cane Commissioner, fixing the rate of sugarcane to be purchased by the sugar factories in the State of Bihar as also by those factories in the State of U.P. which purchase sugarcane from Bihar for the crushing Session 1996-97 at the rate of Rs. 71 and Rs. 75 per quintal for two varieties of sugarcane. We may at the outset set out the order dated November 29, 1996, which is as under

(3.) This order does not show under which provision of law, it has been issued. However, the Learned Advocate- General appearing for the Respondents, submitted that the authority for issuing this order could be traced in sections 42 and 43 of the Bihar Sugarcane (Regulation of Supply and Purchase) Act, 1981 (For short Bihar Sugarcane Act). Section 42 and Section 43, in its relevant part, are as under: