G.N.RAY, M.SRINIVASAN
Maharashtra Rajya Sahakari Sakhar Karkhana Sangh LTD. – Appellant
Versus
State Of Maharashtra – Respondent
Judgment
Srinivasan, J.-Leave granted.
The appellants are aggrieved by the dismissal of their writ petitions by the High Court of Bombay in which the appellants had challenged the validity of the Maharashtra Sugar Factories (Reservation of Areas and Regulation of Crushing and Sugarcane Supply) (Amendment) Order, 1997. This order was passed in exercise of the powers conferred by Paragraphs (a), (c) and (f) of sub-cl. (1) of Clause 6 and sub-cl. (a) of Clause 9 of the Sugarcane (Control) Order, 1966 read with Notification of Government of India, Ministry of Food, Agriculture, Community Development and Corporation (Department of Food), No. GSR. 1127/ESS. Com. Sugarcane, dated 16th July, 1966.
2. Sugarcane (Control) Order, 1966 was passed by the Govt. of India under Section 3 of the Essential Commodities Act, 1955. Clause 6(a), (c) and (f) thereof reads as follows:
“(a) reserve any area where sugarcane is grown (hereinafter in this clause referred to as reserved area) for a factory having regard to the crushing capacity of the factory, the availability of sugarcane in the reserved area and the need for production of sugar, with a view the enabling the factory to purchase t
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