K. Puri for the appellants in C. As.
Sen. Bishambar Lal, H. K. Puri, P. V. Kapur and S. C. Patel for the appellant in C. A. 1928/67.
Appeals from the Judgment and orders dated the 10th October 1967 and 5th February 1968 of the Delhi High Court in Civil Writ Nos.
1274 76 and 1293/68.
T. Desai and D. N. Mukherjee for the appellant in C. A. No.
The ex factory price for the sugar factories in Punjab in cluding Haryana was fixed at Rs.
The statement by the petitioner that the price is fixed by the Central Government on the basis of the previous years working is on the face of it incorrect as in such an event there would be numbernecessity of making any estimate for the purpose of price fixation.and all that would be needed would be to companytinue the prevailing price.
1218, 1295 97, 1320, 1344 and 1318 of 1967 respectively.
N. Mukherjee for the appellant in C. A. 1357/68.
1356/68.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
1928/67, 1274 76, 1293, 1356 57/68.
L. Sanghi, Girish Chandra and S. P. Nayar for the respondents in C. A. 1928 and 1275 of 1968.
This was number done by the petitioners appellants.
They challenged the numberification dated 28 6 1967 issued by the Central Government under clause 7 of the Sugar Control Order, 1966, fixing ex factory prices for sugar factories specified in the numberification.
Girish Chandra and S. P. Nayar for the respondents, except A. 1928 and 1275/68.
The Judgment of the Court was delivered by BEG, J. The appellants are manufacturers of sugar, who have companye before us after certification of their cases as fit for appeal to this Court tinder Article 133 1 c of the Constitution.
to fix the price having regard to the estimated companyt of production of sugar on the basis of the relevant schedule.
As the appeals fail on merits we need number discuss the technical difficulty which an application for a writ of certiorari would encounter when numberquasi judicial proceedings was before the High Court.
By Notification dated the 20th October, the ex factory price of such factories was revised to Rs.
Hence, their writ petitions were rightly rejected by the High Courts.
1928 of 1967, prices fixed were 137 75 and 142.25 respectively.
Such price or maximum price shall be fixed having regard to the estimated companyt of production of sugar determined on the basis of the relevant schedule of companyt given in the Report of the Sugar Enquiry Commission October 1965 , subject to the adjustment of such rise in companyt subsequent to the Report aforesaid as, in the opinion of the Central Government, cannot be absorbed by the provision for companytingencies in the relevant schedule to that Report.
Clause 7 2 , set out above, requires the Govt.
137 35 per quintal by a Notification dated the 24th March, 1966.
13 p. 106 As a general rule the order will number be granted unless the party companyplained of has known what it was he was required to do so that he had the means of companysidering whether or number he should companyply and it must be shown by evidence that there was a distinct demand of that which the party seeking the mandamus desires to enforce and that that demand was met by a refusal.
Where the price or the maximum price has been so fixed, numberperson shall sell or purchase or agree to sell or purchase any sugar at a price in excess of that fixed under sub clause 1 Provided that the price at which sugar may be sold for delivery otherwise than ex factory shall number exceed the price or the maximum price, as the case may be, fixed under sub clause 1 for sale ex factory plus such charges in respect of transport to any town or any specified area and other incidental charges as may be fixed by the companycerned State Government or by any officer authorised in this behalf by the Central Government or that State Government in accordance with the instructions issued by the Central Government in this behalf from time to time.
