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1990 Supreme(SC) 443

K.RAMASWAMY, N.M.KASLIWAL
H. S. S. K. Niyami – Appellant
Versus
Union Of India – Respondent


Advocates:
ANAND HAKSAR, B.R.AGRAWAL, N.S.HEGDE, S.S.JAVALI, SUSHMA SURI

Judgment

K. RAMASWAMY, J.:- These two appeals, on certificate under Article 136 of the Constitution, are by two sugar factories situated in Northern part of Mysore now Karnataka State. The appellants filed writ petitions under Art. 226 of the Constitution in the High Court of Mysore at Bangalore assailing the constitutional validity of Section 3(3C) of the Essential Commodities Act, 1955 (in short the Act) and the Notification dated March 24, 1966. It was prayed inter alia that a writ or order in the nature of Mandamus be issued directing the respondents to include the petitioners factory in Zone No. 2 and to fix the price at Rs. 161/- per quintal for the sugar manufactured by the petitioners factory.

2. The Writ Petitions were dismissed by the High Court and the appellants in these circumstances have approached this Court challenging the Judgment of the High Court. The material contentions raised by the appellants in the affidavit and adumbrated in the grounds of appeal in this Court are that the appellants factories are part of the entire State of Mysore (now Karnataka) as was notified preceding the impugned notification. The factors like price of sugarcane, taxes, duties, sugar re


















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