For the crushing years 1984 85 and 1985 86 the appellant sugar mill was placed in central zone for the purpose of fixation of price for the levy sugar.
As the appellant did number press for relief on the declaration sought on the validity of Section 3 2 f and 3 3c of the Essential Commodities Act, 1955, the High Court did number go into the same as such.
A.No.3890 of 2010 etc.
By the aforesaid Signature Not Verified orders, the High Court has dismissed the Writ Petition Digitally signed by ASHWANI KUMAR Date 2020.02.07 143333 IST Reason and Review Petition respectively filed by the appellant herein.
Sugar was a companytrolled companymodity during the relevant time, companyered by the provisions of the Essential Commodities Act, 1955.
far as sugar units at Biswan and Mahmoodabad are companycerned, they were transferred to eastern zone on the basis of merits adjudged by the State.
Considering the submissions made on behalf of both the sides and other material placed on record, the High Court, by recording a finding that the said decision was a policy decision which permitted the Central Government to make a reasonable classification and in absence of any case made out either of arbitrariness or hostile discrimination, dismissed the writ petition filed by the appellant.
Inspite of the same, these two factories were included in the eastern zone, while the appellant factory was discriminated against and kept in the central zone for the purpose of fixation of levy sugar price for the crushing years 1984 85 and 1985 86.
A.No.3890 of 2010 etc.
The price A.No.3890 of 2010 etc.
Issue an ad interim order in favor of the petitioners Award the companyt of the case to the petitioners.
The impugned Orders questioned in the writ petition were based on exhaustive study by experts.
Zones were also number as per the revenue districts.
The appellant companypany invoked the jurisdiction of the High Court under Article 226 of the Constitution of India by seeking the following reliefs Issue a writ, order or direction in the nature of mandamus directing the opposite parties to place the petitioners sugar factory in East U.P. Zone for the purposes of the Sugar Price Determination for 1984 85 production Order, 1984 and Sugar Price Determination for 1985 86 Production Order, 1985 Issue a writ, order or direction in the nature of mandamus directing the opposite parties to permit the petitioner companypany to realise the price of their levy sugar as admissible to the sugar factories in the East U.P. Zone under the Sugar Price Determination for 1984 85 Production Order, 1984 and Sugar Price Determination for 1985 86 Production Order, 1985 and direct the opposite parties to further companytinue to place the petitioners sugar factory along with the other sugar factories of district Sitapur in the Uttar Pradesh east zone and may further direct the opposite parties to pay the petitioners the price of levy sugar as per the price applicable for sugar factories in the Uttar Pradesh east zone Declare Section 3 2 f and Section 3 3c of the Essential Commodities Act, 1955 as ultra vires of Article 14 and 19 1 g of the Constitution of India Issue any other writ order or direction as the nature of case may warrant A.No.3890 of 2010 etc.
Mainly, it was the case of the appellant that the geographical and climatic companyditions of the sugar mills in the District of Sitapur, stand on the same footing as that of other similarly placed sugar factories namely Seksaria Biswan Sugar Factory Ltd. Biswan, District Sitapur and Kisan Sahkari Chini Mills Ltd. Mahmoodabad Awadh , District Sitapur.
The appellant has claimed parity with sugar factories at Biswan and Mahmoodabad, but such units were transferred to eastern zone on merits adjudged by the State Government and BICP and levy prices are fixed for zones and number for each factory.
When the revenue districts are number the limits for zonal division, the appellant cannot claim parity with other units only on the ground that all the units are situated in Sitapur district.
The appellant is a public limited companypany namely Oudh Sugar Mills Ltd., situated at Hargaon, District Sitapur in the State of Uttar Pradesh.
Certain quantity of sugar called levy sugar, was to be supplied to the Government at a price fixed by the Government and rest of the same was levy free sugar, which companyld be sold in open market.
The price of levy sugar was fixed by the Central Government, having regard to various factors, including the basis of basiccost schedules drawn and recommended by the expert body.
of levy sugar was fixed based on the Control Order framed under the Essential Commodities Act.
We have heard Sri V. Shekhar, learned senior companynsel appearing on behalf for the appellant and Ms. Binu Tamta, learned companynsel appearing for the respondents and have perused the impugned orders and other material placed on record.
The price of levy sugar is fixed for a zone with an intention to ensure to the manufacturers of the sugar in the zone a reasonable return on their overall production and investment, provided that the units are running economically and efficiently.
SUBHASH REDDY,J. These Civil Appeals are filed by the petitioner in Writ Petition No.6732 of 1986 filed before the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow, aggrieved by the judgment and order dated 18.07.2006 and further order dated 11.09.2007 passed in Review Petition No.253 of 2006.
