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1986 Supreme(Bom) 224

T.D.SUGLA, C.S.DHARMADHIKARI
Rahuri Sahakari Sakhar Karkhana Ltd. . & another – Appellant
Versus
State of Maharashtra & others – Respondent


Judgment

C.S. DHARMADHIKARI, J.:---Since all these writ petitions involve common questions of law and facts, they were heard together and are being disposed of by this common judgement.

2. The petitioners in these Writ Petitions, who are either co-operative sugar factories or sugarcane growers, have challenged the order issued by the State Government on 12th September, 1984, known as the Maharashtra Sugar Factories (Reservation of Areas and Regulation of Crushing and Sugarcane Supply) Order, 1984 (hereinafter referred to as "the order") It is contended by the petitioners that the impugned order is outside the scope of the Essential Commodities Act or the Sugar Control Order, 1966 issued by the Central Government. The said order is also violative of the petitioner's fundamental rights guaranteed under Articles 14 and 19 of the Constitution of India. The petitioners in Writ Petition No. 4897 of 1984, the Rahuri Sahakari Sakhar Karkhana Ltd., have also challenged Schedule 37 of the impugned order, on the ground that it is not only violative of the petitioners fundamental rights guaranteed under Articles 14 and 19 of the Constitution of India, but is also wholly arbitrary, irrational an
























































































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