IN THE HIGH COURT OF ANDHRA PRADESH
RAMACHANDRA RAO, RAGHUVIR, JJ.
M/s R. Badalchand And Co. And Others — Appellant
Versus
Government of A.P. And Others — Respondent
W.A. No's. 416 of 1973, etc.
Decided on : 12-12-1974
Advocate Appeared:
For the Appellant : E. Subrahmanyam, adv
For the Respondent: D.V. Reddi Pantulu, Adv.
Jaggery is 'agricultural produce' within the meaning of the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966, as it is a processed sugarcane juice.
Headnote:
AGRICULTURAL PRODUCE - JAGGERY - DEFINITION - INCLUDES PROCESSED AGRICULTURAL PRODUCE - JAGGERY IS PROCESSED SUGARCANE JUICE - NOTIFICATION DECLARING JAGGERY AS AGRICULTURAL PRODUCE IS VALID.
Fact of the Case:
The appellants challenged the notification issued by the Government declaring jaggery as 'agricultural produce' for the purposes of the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966 (the Act). They contended that jaggery is produced by a manufacturing process and therefore ceases to be 'agricultural produce' within the meaning of the Act.
Finding of the Court:
The court held that jaggery is 'agricultural produce' within the meaning of section 2 (i) of the Act. The court reasoned that the definition of 'agricultural produce' takes in not only agricultural produce as such but also agricultural produce which is processed. The court further held that the mere conversion of sugarcane juice by boiling and allowing it to solidify would not completely alter its nature or character as agricultural produce and that jaggery is a processed sugarcane juice and therefore is 'agricultural produce' which is processed in which case it falls within the definition of 'agricultural produce' u/s 2 (i) of the Act.
Issues: Whether jaggery constitutes 'agricultural produce' as defined in the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966.
Ratio Decidendi: The court held that jaggery is 'agricultural produce' within the meaning of section 2 (i) of the Act. The court reasoned that the definition of 'agricultural produce' takes in not only agricultural produce as such but also agricultural produce which is processed. The court further held that the mere conversion of sugarcane juice by boiling and allowing it to solidify would not completely alter its nature or character as agricultural produce and that jaggery is a processed sugarcane juice and therefore is 'agricultural produce' which is processed in which case it falls within the definition of 'agricultural produce' u/s 2 (i) of the Act.
Final Decision: The court dismissed the writ appeals and upheld the notification issued by the Government declaring jaggery as 'agricultural produce' for the purposes of the Act.
JUDGMENT :
Ramachandra Rao, J.
These Writ Appeals are preferred against the judgments of our learned brother Obul Reddi, J., (As he then was) in writ petitions Nos. 2268/72, 718/73 and 5686 of 1971 dismissing the writ petitions filed by the appellants petitioners, changing the notification made by the Government under the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966, (Hereinafter called the Act) constituting a notified area and also declaring Jaggery as 'agricultural produce' for purposes of the Act. Our learned brother following his judgment in W.P. 5596/72 etc, batch dated 9-7-73 held that jaggary is "agricultural produce" within the meaning of section 2 (i) of the Act and dismissed the writ petitions.
2. In these writ appeals the only question raised is whether jaggery constitutes "agricultural produce" as defined in the said Act. Section 2 (i) defines 'agricultural produce' as follows:--
2. (i) 'Agricultural produce' means anything produced from land in the course of agricultural or horticulture and includes forest produce or any produce of like nature either processed or unprocessed and declared by the Government by notification to be agricultural produce for the purposes of this Act.
3. The notification issued by the Government in G.O. Ms. No. 2095 Food and Agricultural dated 29 10-1968 in exercise of the power conferred by sub-section (3) of S. 3 of the Act, included Jaggery as item No 66 in the schedule II appended thereto.
4. Sri E. Subrahmanyam, learned counsel for the appellants contended that jaggery is produced by a manufacturing process i. e. by extracting sugar-cane juice from sugarcane adding lime to it and boiling the same to a high temperature and thereby jaggery looses its identity from sugarcane or sugarcane juice and therefore ceases to be 'agricultural produce' within the meaning of the Act.
5. But we are unable to agree with this submission because the definition of 'agricultural produce' takes in not only agricultural produce as such but also agricultural produce which is processed. Processing is defined in rule a (xix) of the rules framed under the Act as follows:-
'Processing' means powdering, crushing decorticating, dehusging, parboiling, polishing, giuning, pressing, curing or any other treatment to which an agricultural produce or products of livestock is subjected to before final consumption.
6. This processing might involve even boiling process. It is contended by Sri Subrahmanyam, that rule 2 (xix) of the rules did not include the manufacturing process and on the other hand it mentioned only parboiling and not boiling at high temperature which is necessary for converting sugarcane juice into jaggery.
7. We find it difficult to accept this submission because in the definition of processing in the rule 2 (xix), various operations have been mentioned followed by the general expression 'or any other treatment' to which an agricultural produce is subjected to before it is made fit for final consumption. The expression 'or any other treatment' cannot be read in the context in which it appears as ajusdem genera is with the proceeding words. The words, 'or any other treatment' have to be given a wide meaning and their meaning cannot be cut down by reference to the proceeding words. In our opinion the expression 'or any other treatment' takes in the process of boiling and therefore the conversion of sugarcane juice by the process of boiling with addition or lime for purposes of removing impurities constitutes 'agricultural produce' which is processed and therefore falls within the definition of 'agricultural produce' u/s 2 (i) of the Act.
8. In W. A. No. 347/73 etc. batch while dealing with the question whether rice constitutes 'agricultural produce' or not within the meaning of the said Act, we had occasion to refer to the scheme and object of the Act. In the said batch of writ Appeals, we held that the Act was intended to regulate the marketing of agricultural produce, that rice is one