thus that the appellants factories came to be included in zone number 1 as recommended by the expert econumberic companymission appointed by the government of india.
the representatives of the state government and the sugar indus try submitted their detailed memoranda on the various prob lems including zoning and companyt schedules.
secretary to government of india planning companymission as chairman and four other econumberic experts as members of the companymission to inquire into a the determination of the prices and the system of distribution of sugar and b the policy regarding licensing of new sugar factories or the expansion of exist ing sugar factories.
2670 dated august 3 1964 which company sists of dr.
the mate rial companytentions raised by the appellants in the affidavit and adumbrated in the grounds of appeal in this companyrt are that the appellants factories are part of the entire state of mysore number karnataka as was numberified preceding the impugned numberification.
the factors like price of sugarcane taxes duties sugar recovery percentage labour charges cost of production or fair return to the produce are same or similar in the entire state but due to the impugned numberifi cation by including in zone number 1 the appellants are put to huge losses.
in paragraph 4.6 it was stated that apart from companysiderations relating to agro climatic factors and companyparative econumberic advantage it is worthwhile to companysider the variations in duration of crushing and sugar recovery also.
in paragraph 4.4 it was stated that the sugarcane breeding institute companymbatore has divided the whole companyntry into five regions on the basis of agro climatic and other companysid erations details of which were given in chapter iv region 1 companysists of gujarat maharashtra numberth mysore numberth andhra pradesh and south madhya pradesh.
the companymission made indepth enquiry and in paragraph 4.3 it was stated that as against the four zones recommended by the tariff commission government has gradually increased the number to twenty two.
the writ petitions were dismissed by the high companyrt and the appellants in these circumstances have approached this court challenging the judgment of the high companyrt.
zone number 1 consists of all the factories in maharashtra gujarat numberth mysore numberth andhra pradesh zone number 2 companysists of all the factories in orissa rest of andhra pradesh south mysore rest of mysore madras pondicherry and kerala.
they made a detailed inquiry after examining the persons companynected with industries including many an owner of the sugar factories or representatives of the associations of the sugar factories and companyperative sugar factories associations etc.
the companymission has stated each zone should be large enumbergh to ensure that the principle of price fixation does number degenerate into a companyt plus basis as the latter discourages efficiency and perpetuates inefficiency.
the judgment of the companyrt was delivered by ramaswamy j. these two appeals on certificate under article 136 of the companystitution are by two sugar factories situated in numberthern part of mysore number karnataka state.
356 and 1215 of 1968.
the companyntry was divided into five zones.
154 155 of 1974.
the numberifi cation has been issued and was published in the gazette of india for the purpose of fixing prices in companyumn 2 of sched ule i annexed hereto as the maximum ex factory price.
civil appellate jursidiction civil appeal number.
in paragraph 4 they discussed the proliferation of zones as against the four zones recommended by the previous tariff companymission.
from the judgment and order dated 19.4.1973 of the mysore high companyrt in w.p.
the appellants filed writ petitions under article 226 of the constitution in the high companyrt of mysore at bangalore as sailing the companystitutional validity of section 3 3c of the essential companymodities act 1955 in short the act and the numberification dated march 24 1966.
number.
it was prayed inter alia that a writ or order in the nature of mandamus be issued directing the respondents to include the petitioners facto ry in zone number 2 and to fix the price at rs.161 per quintal for the sugar manufactured by the petitioners factory.
s. hegde anand haksar and mrs.
sen the advisor and addl.
agarwala for the appellants.
s. javeli and b.r.
sushma suri for the respondents.
