NEW SWADESHI SUGAR MILLS Vs. UNION OF INDIA

JUDGEMENT

(1.) IN all these writ applications, prayer of the petitioners is to declare Section 3(5) of the Levy Sugar Price Equalisation Fund Act, 1976 ultra vires Article 14 and 19(1)(g) of the Constitution of India. Further prayer made by the petitioners is to quash the demand notice, charging interest in the light of the aforesaid provision. L.P.A. No. 457 of 1999 arises out of an order dated 14.12.1999 passed by the learned Single Judge in C.W.J.C. No. 3088 of 1999, whereby the challenge made to the notice of demand had failed and the writ petition dismissed.

(2.) SHORN of unnecessary details, facts giving rise to these applications are that petitioner no.1 is a limited company within the meaning of the Indian Companies Act, 1956 having its sugar factory situated in one or other districts in the State of Bihar and they carry on the business of manufacture and sale of sugar. Its share holders have also joined as petitioners in the writ applications. For the purpose of disposal of these writ applications and Letters Patent Appeal reference has been made, basically to the pleading in C.W.J.C. No. 4452 of 1999 (Bharat Sugar Mills and Another vs. Union of India and Others).

(3.) PETITIONERS fulfilled the conditions laid in the interim order and enjoyed the fruits thereof. Ultimately several writ applications including the writ petitions filed by the petitioners were transferred to the Supreme Court which upheld the fixation of minimum price for levy sugar for the year 1982 -83. Relevant portion of the judgment of the Supreme Court, in the case of Bharat Sugar Mills Ltd. & Anr. etc. vs. Union of India & Ors. [T.C.(Civil) Nos.15 - 17 of 1993], reads as follows: ''