B.P.JEEVAN REDDY, R.M.SAHAI, SUHAS C.SEN
Maharashtra Rajya Sahkari Sakkar Karkhana Sangh LTD. – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT
R.M. SAHAI
(1) THESE are two sets of appeals filed by various Sahkari Sakkar Karkhanas, that is, Cooperative Societies of Sugarcane Growers, Private Undertakings, Joint Stock Companies producing sugar in the State of Maharashtra and the State itself being one, directed against direction by a full bench of the Bombay High court in Satara Sahakari Sakhar Karkhana Ltd. v. State of Maharashtra that the cane-growers who were not members of any Cooperative Society but who were required to supply their cane under reservation order or Control Orders to sugar factories with which they were attached were entitled to market price instead of price fixed by the government, and other directed against fixation of market price for 1993-94 by the High court at Rs. 740.00 as against Rs. 340.00 to Rs. 400.00 fixed by the government
(2) THE directions issued by the full bench are as under:
"WE are therefore of the view, that unless provisions for the following are made. in it, the State Order will not be valid- (i) The sugarcane-growers who are not members of the factory or factories to which they are required to supply their sugarcane shall be paid for the sugarcane supplied by them the price
relied on : Shri Malaprabha Cooperative Sugar Factory Ltd. v. Union of India
Anakapalle Cooperative Agricultural and Industrial Society Ltd. v. Union of India
Anakapalle Cooperative Agricultural and Industrial Society Ltd. v. Union of India
Vishnu Agencies (P) Ltd. v. CTO
New India Sugar Works v. State of U. P.
referred to : Union of India v. Cynamide India Ltd.
explained and distinguished : Andhra Sugars Ltd. v. State of A.P.
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