H. V. G. RAMESH, J.

( 1 ) THE petitioner has sought for issuance of writ of mandamus or any other writ directing the respondent to refix the price of levy sugar delivered by the petitioner factory during the year 1997-98 at rs. 997. 96 per quintal and for the year 1998-99 at Rs. 1,017. 58 per quintal and to issue a writ of mandamus directing the respondent to pay an additional price of Rs. 25. 08 lakhs towards the levy sugar delivered for the year 1997-98 and Rs. 53. 93 lakhs for the year 1998-99.

( 2 ) ACCORDING to the petitioner, it is a sugar manufacturing unit manufacturing sugar by Vaccum Pan Process. It is declared as essential commodity under the provisions of the Essential Commodities Act, 1955. In exercise of the powers conferred under Section 3 of the essential Commodities Act, the Central Government has been issuing orders during every sugar season called the Levy Sugar Supply (Control) Order fixing price at which the sugar manufacturers are required to sell certain percentage of sugar produced by them to the agencies specified by the Central Government or the State Government for distribution under the Public Distribution System. The power to fix price is exercised in

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