as agreed to by the appellant.
391 of 1980 and M s. Audubon Trading and Export Corporation of Allahabad and Calcutta, who are the manufacturers of lingo sulphite in India.
The appellant has companye up in appeal by special leave to challenge the order of the High Court.
A sum of Rs.
The appellant filed two petitions in the High Court for a writ of mandamus or any other appropriate writ or direction declaring that respondent No.
Molasses is the basic raw material for the manufacture of lingo sulphite which is an essential raw material for all basic refractories, steel plants, cement factories, carbon black plants and many Other important industries Molasses is also used for distillation.
The respondent No.
8091 of 1979 K. Garg, Pramod Swarup and D. R. Gupta for the Petitioner in Writ Petition.
Later on it decided to make direct purchase from the U.P. State Sugar Corporation Ltd., Unit Bijnor A State Government Undertaking .
391 of 1980 under Article 32 of the Constitution and Civil Appeal No.
651 of 1980 Appeal by special leave from the judgment and order dated the 31st October, 1979 of the Allahabad High Court in Civil Misc.
There were other terms of the agreement but it is number necessary for the purposes of disposal of these cases to refer to them.
1 lakh was to be paid at the earliest.
3 lakhs, being the total companyt of molasses as estimated at the above statutory price.
91 per quintal and duties etc.
provided the appellant agreed to pay the total amount of Rs.
M s. Lingo Sulphite Corporation of India Ltd has also filed a petition under Article 32 of the Constitution for the same relief on the same grounds as in the aforesaid appeal.
N. Dikshit and Miss A. Subhashini for Respondent No.
P. Rana and P.K Pillai for Respondent Nos.
I agreed to sell 28,300 quintals of molasses of 1977.78 production at the statutory price of Rs.
1, the U.P. State Sugar Corporation Ltd., whereunder respondent No.
25.10 per quintal inclusive of administrative charges and other taxes and duties etc.,
ORIGINAL JURISDICTION ON Writ Petition No.
25.10 per quintal to respondent No.
The Judgment of the Court was delivered by MISRA, J. Writ petition No.
The appellant felt aggrieved and it took the stand that the respondent No.
The circumstances leading to the writ petition and the appeal lie in a narrow companypass.
United Commercial Syndicate used to purchase molasses for their principals from the open market.
The appellant, United Commercial Syndicate, is the purchasing agent of M s. Lingo Sulphite Corporation, the petitioner in writ petition No.
Writ No.
1, however, sought to calculate the price of the molasses in question at the rate of Rs.
651 of 1980 by special leave raise companymon question of law and, therefore, we propose to dispose them of by a companymon judgment.
391 of 1981.
It entered into an agreement with respondent No.
1 companyld number charge more than the statutory price in spite of the fact that the appellant had offered the price of Rs.
I was number entitled to charge the price for the molasses in excess of the price fixed by the Act.
25.10 per quintal.
The preservation, distribution and prices of the molasses were, therefore, companytrolled by a legislation, the Uttar Pradesh Sheera Niyaatran Adhiniyam, 1964 U.P. Act No.
Over the years molasses has become a valuable companymodity on account of its multi use.
1 2 in WP.
5 in W.P. Mubarak Mazdoor Appellant in person in C.A. N. Dikshit, B. P. Maheshwari and Miss Asha Jain for the Respondent in Civil Appeal.
It was further stipulated that in case the above price was number valid in law, the appellant will have to pay the price at the rate of Rs.
The High Court by its order dated 31st of October, 1979 dismissed the petitions in limine.
24 of 1964 , hereinafter referred lo as the Act.
2 lakks had been paid in pursuance of the agreement and the balance of Rs.
