Judgement

BHAGWATI, J. - These petitions under Art. 32 of the Constitution impugn the validity of the U. P. Sugarcane (Regulation of Supply and Purchase) Act, 1953 (U. P. Act 24 of 1953 of 1953) hereinafter called the impugned Act and the notifications dated 27-9-1954 and 9-11-1955 issued by the U.P. Government thereunder.

2. The petitioners are sugarcane growers in the several villages of the Districts of Meerut, Kheri, Gorakhpur and Deoria in the State of U. P. numbering 4724 in the aggregate. Associated with them are the President, the Vice-Presidents and the Secretary of an association which is styled "the Ganna Utpadak Sangh" which is a rival body to the Co-operative Development Unions established and recognised under the impugned Act.

The notification dated 27-9-1954, issued in exercise of the powers conferred by sub-s. (1) (a) read with sub-s. (2) (b) of S. 16 of the impugned Act ordered that where not less than 3/4 of the cane growers of the area of operation of a Cane Growers Co-operative Society members of the Society, the occupier, of the factory for which the area is assigned shall not purchase or enter into agreement to purchase cane grown by a cane grower except through