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1992 Supreme(All) 571

M. K. MUKHERJEE, S. D. AGARWALA, R. A. SHARMA
Shiv Mohan Lal – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate appeared:
A.K. Yog

JUDGMENT

R. A. Sharma, J.

1. A Division Bench of this Court has referred the following questions to the Full Bench for its decision:

"1-Whether the agreements under which the petitioners have been authorised -to work as agents for the sale of scheduled commodities are statutory agreements in view of the fact that the agreements are executed in view of the statutory order notified by the State Government under Sec 3/7 of the Essential Commodities Act, i.e. U. P. Scheduled Commodities Distribution Order, 1990 ?

2-Whether the decision given in the case of Gopal Das Sahu v. State of U. P. 1991 ALJ 498, holding that even after the coming into force of the statutory Order, 1990, the termination or suspension of the agreement will not give a cause of action to the petitioner to challenge the said Order by means of a petition under Article 226 of the Constitution of India, as neither Article 14 of the Constitution nor the principles of natural Justice are attracted, requires reconsideration in view of the decision given by the Supreme Court in the case of Kumari Shrilekha Vidyarthi v. State of U. P. 1990 (2) UP LB EC 1174, and the Division Bench of this court in the case of M/s. Shyam Das C



































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