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1968 Supreme(All) 1

SATISHCHANDRA
The Purtabpore Co. Ltd – Appellant
Versus
Cane Commissioner, Bihar, New Secretariat Patna in the State of Bihar – Respondent


Advocates:
Vinod Swarup, for Petitioner; Standing Counsel, for Respondents.

ORDER :- The Purtabpore Company Limited, the petitioner, prays for a certiorari to quash the orders passed by the Cane Commissioner, Bihar, on 14th November, 1967, modifying his earlier order dated 30th December, 1966, in relation to the reservation of certain villages in Bihar for the petitioner Company. In my opinion this Court has no jurisdiction to entertain this petition. It fails on that preliminary ground.

2. In exercise of the powers conferred by section 3 of the Essential Commodities Act, 1955, the Central Government on 16th July, 1966, passed the Sugarcane (Control) Order, 1966. Clause 6(1)(a) of this Order entitled the Central Government to make an order reserving any area where sugarcane is grown for a factory. Under clause 11 the Central Government could delegate all or any of the powers conferred upon it on, inter alia, the State Government or any officer or authority of the State Government. The same day, that is 16th July, 1966, the Central Government delegated the powers conferred on it by clauses 6, 7, 8 and 9 of the Order on, inter alia, the State Governments of Bihar and Uttar Pradesh as well as on the Cane Commissioners of Bihar and Uttar Pradesh. Utilising this






















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