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B. P. JEEVAN REDDY, G. R. A. SHARMA
Hind Rice Mill, Dhaunra Tanda, Bareilly – Appellant
Versus
State Of U. P. – Respondent
B. P. Jeevan Reddy, CJ.
1. A common question arises in this batch of 12 writ petitions. They can be disposed of under a common order. For the sake of convenience, we shall refer to the facts in C.M.W.P. No. 9579 of 1987. The 15 petitioners in this writ petition are licensed traders within the Market Area, Bareilly. For Bareilly District, a market Committee has been constituted under the U. P. Krishi Utpadan Mandi Adhiniyam, 1964. All the petitioners also happen to be millers. They purchase paddy both within the Bareilly Market area and from outside Bareilly Market Area, which they mill in their respective rice mills.
2. Under section 3 of the Essential Commodities Act, the State of U. P. issued the U. P. Rice and Paddy (Levy and Regulation of Trade) Order, 1981 which was replaced in the year 1985 by another similar order. Under the aforesaid Control Orders, Rice Mills are obliged to deliver 60 per cent of the rice milled by them to the State by way of levy. The remaining 40 per cent they are free to sell in open Market. The levy rice has to be delivered to the State on the price notified by the State Government.
The U. P. Krishi Utpadan Mandi Adhiniyam, 1964 (for short, Man
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