Judgment

FAZAL ALI, J.:- Inspired by the objective of removing nation-wide shortage of sugar and for the purpose of enhancing sugar production in order to achieve an equitable distribution of the commodity so as to make it available to consumers at reasonable rates, and thereby relieving the sugar famine, the Cane Commissioner, Government of Uttar Pradesh by virtue of a Notification dated 9th October, 1980, acting under clause 8 of the Sugarcane (Control) Order, 1966, (hereinafter referred to as the Control Order) directed that no power crusher, with certain exceptions, of a khandsari unit or any agent of such owner in the reserved area of a mill could be worked until December 1, 1980. The exact contents of the Notification may be extracted thus :

"Lucknow, Thursday 9th October 1980.

In exercise of the powers under cl. 8 of the Sugarcane (Control) Order, 1966, read with the Central Government, Ministry of Food Agriculture, Community Development and Co-operation (Department of Food), Government of India Order No. GSR 122/Ess. Comm/Sugarcane dated July 16, 1966, I, Bhola Nath Tiwari, Cane Commissioner, Uttar Pradesh hereby direct that no owner of power crusher (other than those vertical