Kanhaiya Singh, J.

1. This petitioner under Article 226 of the Constitution impugns the validity of the Sugarcane (Control) Order, 1955. The Petitioner is a private limited company carrying on the business of manufacturing sugar under the name and style of Sasamusa Sugar Works (Private) Limited, the sugar factory being located at Sasamusa in the district of Saran. The opposite party are (1) the Cane Commissioner, Bihar, (2) Sasamusa Cane Development and Cane Marketing Union, and (3) Jalalpur Case Development and Cane Marketing Union.

On 12-9-1958, the petitioner obtained a rule from the High Court calling upon the opposite party to show cause why the order of the Cane Commissioner dated 31-7-1958 (Annexure F) issued under the Sugarcane (Control) Order, 1955, by which the Cane Commissioner (Opposite party 1) directed the cane-growers in the villages mentioned in the list annexed thereto to sell cane to the petitioner only through Cane-growers Co-operative Society or Societies operating in these villages during the season 1958-59 should not be set aside as illegal and void. The Sugarcane (Control) Order, 1955, under which the Cane Commissioner purported to act was issued by t