The price fixed for the levy Khandsari sugar was Rs.
The petitioner challenges the validity of the U.P. Khandsari Sugar Levy order, 1981 Levy order .
The petitioner is engaged in the manufacture of Khandsari sugar.
The petitioner challenges the price fixation on the ground that the State Government has number taken into companysideration the guidelines in built in sub section 3C of section 3 of the Essential Commodities Act, 1955.
ORIGINAL JURISDICTION Writ Petition No.
The Judgment of the Court was delivered by JAGANNATHA SHETTY, J. This is a petition under Article 32 of the Constitution.
Prithiviraj and Mrs. Shobha Dikshit for Respondent Nos.
Kuldip Singh, Additional Solicitor General, Mr. C.V. Subba Rao and B. Parthasarthy for Respondent No.
K. Jain and R.P. Singh for the Petitioner.
Under Article 32 of the Constitution of India .
The petitioner alleges that the levy order is unreasonable or excessive restriction on the fundamental rights guaranteed under Articles 19 1 g and 14 of the Constitution.
The levy order requires Khandsari manufacturing units to surrender levy of 50 of the production by sulphitation units in the first process.
7993 of 1982.
It was issued in exercise of powers under Section 3 of the Essential Commodities Act, 1955 by virtue of delegation of power by the Central Government under Section 5 of the said Act.
1 and 3 to 5.
The balance 50 of that process with the total production by subsequent processes was left free to be sold in the open market by the manufacturing units.
lt is also the case of the petitioner that the State Government sold the levy sugar by public auction realising large profit and the levy therefore, was a companyourable exercise of the power.
