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1973 Supreme(Raj) 39

JOSHI, BERI
State – Appellant
Versus
Hindo Open Sugar Mills – Respondent


Advocates Appeared:
Rajnarain Addl. Advocate General, for State; R.K. Rastogi and M.B.L. Bhargava, for Opposite Party

BERI, C.J.—Seven petition u/Art. 226 of the Constitution of India were presented before learned Single Judge of this Court challenging the validity of the notification dated November 21, 1972, whereby the petitioners were directed to operate their Power Crushers of Khandsari Units in the reserved area only after February, 1973 and to restrain their working to one shift of 8 hours each within the specified hours. Inter alia the grounds of challenge were that the restrictions imposed by this order were violative of the fundamental rights of the petitioner being unreasonable restrictions placed on their rights to carry on the business of manufacturing Khandsari Sugar. The aforesaid applications were admitted by the learned single judge. After hearing the learned Advocate General and others on behalf of the Government, the learned single judge by his order dated 17-1-1973 ordered that it will be in the interest of justice if the operation of the notification No. F. 2,41) Ind/71 Volume I dated 28-11-1972 was stayed subject to the condition that an Inspector, if appointed by the Government, supervised the purchase of sugarcane by che petitioners at the place where the sugarcane was purch











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