( 1 ) THIS petition raises an interesting question regarding the validity of State action in entrusting wholesale distribution of sugar which is an essential commodity under the Essential Commodities Act 1955 only to Co-operative Societies and excluding other dealers holding licences like the Co-operative Societies from such distribution. This action of the State has been challenged by the petitioners as violative of their fundamental rights under Article 14 of the Constitution of India and the short question that arises is how far it can meet the challenge of Article 14. In order to appreciate the contentions which have been urged on behalf of the parties it is necessary to set out the facts in some detail. The petitioners carry on business as partners in the firm name of Sheth Ramanlal Nagardas at Kalol in the Mehsana District.

( 2 ) THE petitioners firm has been carrying on business as wholesale sugar dealers since the last twelve years and maintains a godown and an office for the purpose of carrying on the said business. The petitioners firm used to purchase sugar of different qualities from various sugar factories outside the Mehsana District and import such