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1975 Supreme(SC) 462

A.N.RAY, N.L.UNTWALIA
Indian Sugar And Refineries LTD. – Appellant
Versus
Amarvathi Service Co-operative Society LTD. – Respondent


Advocates:
A.K.SEN GUPTA, B.P.SINGH, J.B.DADACHAN, O.C.MATHUR, P.C.BHARTARI, R.NARAIN, S.N.PARSAD, S.P.NAIR, S.S.JAVALI, V.S.DESAI

JUDGMENT

RAY, C. J. :—These appeals are by certificate from the judgment of the High Court of Mysore dated 4 May, 1970. The several respondent Co-operative Societies filed writ petitions in the High Court for quashing orders dated 11 September, 1968 passed by the Government of India. The impeached orders granted exemption, partially or wholly, to the appellant under Clause 5(3) of the Sugar Cane Control Order, 1966 (hereinafter referred to as the 1966 Control Order) from the payment of additional cane price fixed by the Price Fixation Authority under clause 5 (4) of the 1966 Control Order. The High Court quashed the orders challenged by the respondents.

2. The use and supply of sugar cane is controlled under the provisions of the Essential Commodities Act, 1955. The Government of India promulgated the Sugar Cane Control Order on 27 August, 1955. The 1955 Control Order empowered the Government, inter alia, to fix the minimum price payable by the manufacturer of sugar to the grower of sugar cane. The Government was competent to fix different prices depending on the areas and qualities of sugar cane or on the basis of recovery of sugar from sugar cane. In 1962 the Sugar Cane Control (A























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