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1996 Supreme(All) 1403

R.S.DHAVAN, V.P.GOEL
JOSTPH CO OPERATIVE FARMING SOCIETY – Appellant
Versus
COLLECTOR RAMPUR – Respondent


Advocates Appeared:
P.K.Singhal, R.P.Goyal,

RAVI S. DHAVAN, J.

This writ petition has been pending at the High Court for more than 14 years. After perusing the record and having heard Counsel for the parties, it does give a reflection to the Court on why cooperative society farming in the State of Uttar Pradesh may have failed.

2. The issue apparently has been created by the State respondents.

3. There is no issue on facts that the petitioner, St. Joseph Cooperative Farming Society, was incorporated in the District of Rampur, Tehsil Bilaspur. The President of the Cooperative Society, aforesaid, is one Reverred Father Joseph Puthett.

4. As agriculture is the main activity of the Cooperative Society, for the time being it is accepted that they are bound by all the laws which regulate agriculture or agricul tural produce. The controversies raised by the State-respondents relate to about 20 years ago, the Rabi season of 1974-75. At that time on 7 April 1975, the State of Uttar Pradesh had issued the U. P. Wheat (Levy, Regulation of Trade and Control of Move ment) Order, 1975. The Court will refer to this as the 1975 Control Order. It was issued under the Essential Commodities Act, 1955. One essential fact which needs to be kept











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