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1994 Supreme(Raj) 968

ARUN MADAN
K. C. Sharma – Appellant
Versus
Union of India – Respondent


JUDGMENT

1. - This writ petition under Article 226 of the Constitution of India has been filed by the above named petitioner in the matter of violation of his fundamental rights guaranteed under Articles 14 & 16 of the Constitution read with Art. 300-A of the Constitution of India and in the matter of Rajasthan Co-operative Societies Act, 1965, Sugar Undertakings (Taking over of Management) Act, 1978 and in the matter of Rajasthan Relief Undertaking (Special Provisions) Act, 1984, challenging the validity of the orders dated 11.5.1985 and 14.10.1985.

2. The facts giving rise to the filing of this petition, briefly stated, are that respondent-mill, namely, Keshoraipatan Sahakari Sugar Mills Ltd. (A Government of India Undertaking) is a mill registered under the Co-operative Societies Act since been taken over by the Govt. of India and is under the control of Custodian-respondent No. 2 having been declared as a sick unit under the Rajasthan Relief Undertaking (Special Provisions) Act, 1984. As it was declared a sick unit in the year 1984 the management of the said mill was taken over by the State Government and by virtue of the provisions of section 4 of the said Act, complete control


































































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