K.C.AGARWAL,J. - (1.) THIS is a petition under Article 226 of the Constitution challenging the validity of the notification dated 16th Dec. 1980, published in the Extraordinary Gazette of the State of U.P. of the same date, under Clause 8 of the Sugarcane (Control) Order, 1966 (hereinafter referred to as 'the Control Order, 1966').
(2.) THE petitioner is a partnership firm which has a power crusher situate in village Basikkirapur, district Bijnor, measuring 11'x 14' in size. The petitioner has been manufacturing Gur by the crusher. As required by U.P. Khandsari Sugar Manufacturers Licensing Order, 1967 (hereinafter referred to as the Khandsari Order), the petitioner had obtained a licence under Clause 3 of the said Order. This licence was renewed from time to time and was lastly renewed on 3rd Oct., 1980, for the crushing season 1980 -81. The petitioner was also granted a permit under Clause 4 of the U.P. Restriction on Sugarcane Purchase Order issued by the Governor of Uttar Pradesh in exercise of the powers under Clause 6, 7, 8 and 9 of Control Order, 1966. For the year in question, that is 1980 -81 the petitioner had been granted permit by the Prescribed Authority in the prescribed form. This permit is issued to a person who holds licence under the U.P. Sugar -cane (Purchase Tax) Act, 1961 or the U. P. Khandsari Order, 1967. The permit entitles a person to purchase sugarcane for crushing by a power crusher in reserved area. Clause 3 prescribes that in a reserved area, (i) no sugarcane can be purchased for crushing by a power crusher, and (ii) no sugarcane or sugar -cane juice can be purchased for crushing or for manufacture of Gur, Shakkar, Gul, Jaggery, rab or khandsari sugar, by a Khandsari Unit, except under and in accordance with a permit issued by or on behalf of the Commissioner in that behalf. For the year 1980 -81 the petitioner had exercised option under Section 3 of U.P. Sugarcane (Purchase Tax) Act, 1961 and had also informed the authorities that he would start his crusher from 12th Oct., 1980. The petitioner alleged that the crushing of sugarcane of his personal farm and also from the sugarcane purchased by him started on the aforesaid date.
(3.) ON 16th Oct., 1980 the Cane Commissioner issued an order under Clause 8 of the Control Order, 1'966, directing that no owner of power crusher (Other than those vertical power crushers which manufacture Gur or Rab from sugarcane grown on their own fields), shall, in any reserved area of any Sugar Mill, work the power crusher, or the Khandsari Unit prior to Dec. 1, 1980 during the year 1980 -81. The order is being quoted below: 'In exercise of the powers under Clause 8 of the Sugarcane (Control) Order, 1986 read with the Central Government Ministry of Food, Agriculture, Community Development and Co -operation (Department of Food), Government of India, Order No. G.S.R. 1 1 27 -Ess Comm/Sugar -cane, dated July 16, 1966, I, Bhola Nath Tewari, Cane Commissioner, Uttar Pra -desh hereby direct that no owner of power crusher (other than those vertical power crushers which manufacture Gur or Rab from sugarcane grown on their own fields) or a Khandsari Unit or any agent of such owner shall, in any reserved area of any sugar mill work the power crusher, or the Khandsari Unit prior to December 1, 1980 during the year 1980 -81.' ;