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2014 Supreme(All) 464

VINEET SARAN, MANOJ KUMAR GUPTA
M/s. Maa Bhawani Rice Mill and Anr. etc. – Appellant
Versus
State of U. P. through Special Secretary and ors. – Respondent


Advocates:
For the Petitioners: Mayank Agrawal, Manish Goel, Ankit Kumar Gaur, Ramendra Ashthana, Anupam Kulsreshta, Gyanendra Prakash Srivastava, Sri Kant Shukla, Indrasen Singh Tomar, Anil Kumar Singh, Rahul Agrawal and JJ. Munir.
For the Respondents:C.S.C., N. Mishra, N.P. Singh, P.K. Singh, R.K. Singh, A.K. Srivastava, V.B. Mishra, R.G. Tripathi, C.B. Yadav (Addl. Advocate General) and S.S. Singh (Addl. C.S.C.)

Vineet Saran & Manoj Kumar Gupta,J.:-

The Central Government, in order to fulfill its constitutional commitment of ensuring equitable distribution of material resources, eliminating inequalities and preventing exploitation of farmers and the poor, at the hands of rich and the affluent, has been purchasing food-grain from farmers at a price called "minimum support price". The food-grain so purchased is harnessed into the central pool for distribution through Public Distribution System (P.D.S.) and other welfare schemes. For achieving the aforesaid avowed objective, the Government has framed various Control Orders, under the provisions of Essential Commodities Act, 1955 and also issues notifications/ executive instructions, from time to time.

2. In case of paddy, it is purchased from farmers at minimum support price, notified every year. Thereafter, it is given for milling to licensed rice-millers (for short, "miller"). In the process, the husk and bran layers are removed from paddy, resulting in the production of rice. The miller has to return the rice, of the specified quality and quantity to the Government. The miller is paid predetermined sum as hulling charges. This is called "Cu










































































































































































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