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1983 Supreme(Cal) 153

B.C.RAY
BHARAT SUGAR MILLS LTD – Appellant
Versus
STATE – Respondent


Advocates Appeared:
A.K.DEY, B.M.BAGARIA, R.N.BAJORIA, R.N.DAS

B. C. RAY, J.

( 1 ) THIS application is at the instance of the petitioners, petitioner 1 of which is a Sugar Mill, namely, Bharal Sugar Mills Limited, a Company having its Registered Office at No. 9/1, R N. Mukherjee Road, Calcutta, assailing the validity and/or propriety of the order, annexed as Annexure 'b' to the writ application, whereby the Central Government by an order dated 27-1-1983 fixed the prices of levy sugar in respect of Sugar Mills of various States including Sugar Mills situated within the territory of the State of Bihar under the provisions of Section 3 (3c ). Essential Commodities Act, Act X of 1955, on the ground that the aforesaid fixation has been made without complying the four norms laid down in Clauses (a), (b), (c) and (d) of Sub-section (3c ). Section 3. Essential Commodities Act and as such the price fixation that has been made is wholly arbitrary and in utter violation of the provisions of the Essential Commodities Act.

( 2 ) IT has been submitted by Mr. Bajoria, learned Advocate for the petitioner that, this order was published in the Gazette of India which also appeared in the State of West Bengal and the office of this Sugar Mill is situated at R,




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