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1987 Supreme(All) 418

S.D.AGARWALA, A.N.VERMA
SHEETGRAH SANGH, U. P. , KANPUR – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
M.D.SINGH SHEKAR

A. N. VARMA, J.

( 1 ) THE petitioner is an association which claims to represent 450 out of 726 cold storages operating in different parts of the State. The association assails the validity of the U. P. Government Notification No. 847/xii-4-585-86, dated February 19, 1987 issued by the State Government in exercise of its powers under Section 29 of U. P. Regulation of Cold Storages Act, 1976 (the act, in brief) fixing the maximum hiring charges which a licencee may charge for storing potatoes in the cold storage including any other service rendered in connection therewith at Rs. 23/- per quintal for the period from February 15, 1987 to November, 30, 1987 or part thereof in the whole of Uttar Pradesh.

( 2 ) THE petition represents a class of litigations which have, over the years, become an annual feature in this Court. Each year that the Government notifies maximum storage charges under the said Act for potatoes cold storages of Uttar Pradesh have been making an annual trip to this Court on the self same pleas with slight variations and improvements here and there, namely, that the charges fixed by the Government are arbitrarily low impinging upon their rights guaranteed under Artic




































































































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