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1972 Supreme(SC) 538

K.K.MATHEW, Y.V.CHANDRACHUD, J.M.SHELAT, A.N.GROVER, A.K.MUKHERJEE
Anakapalle Co Operative Agro Land Industrial Society LTD. – Appellant
Versus
Union Of India – Respondent


Judgment

GROVER, J. :- These petitions under Article 32 of the Constitution have been brought by or on behalf of the various factories, Co-operative Societies and Mills which carry on the business of manufacturing and selling sugar (hereinafter called compendiously the "sugar producers") challenging the validity and legality of the Levy Sugar Supply Control Order 1972 made under Section 3 of the Essential Commodities Act, 1955, hereinafter called the Act fixing the price of levy sugar in the different zones in the country and praying for various reliefs. Writ Petitions Nos. 279 to 283, 293, 300, 303 and 306 of 1972 are by the sugar producers in Andhra Pradesh zone; Writ Petitions Nos. 297 and 304 of 1972 by the Sugar producers in North Bihar zone and Writ Petitions Nos. 296 and 298 of 1972 by those in the Punjab zone.

2. The principal questions that arise for our determination are the following :

(1) What is the true scope and ambit of Section 3 (3C) of the Act ?

(2) (a) Whether the system of fixing price for each zone (the entire country having been divided into 15 zones), is justifiable and is based on correct principles ?

(b) Whether the State-wise constitution of the zones is prop

































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