- (1.) The Petitioner is manufacturing non-aerated soft drinks under brand name 'Shaka' at Noida, district Chaziabad. The Petitioner is a bulk consumer of sugar and requires 24 tonnes of sugar per day and a stock of 600 tonnes of sugar for one month's consumption. The Petitioner was granted licence on 14th September, 1987 which was valid upto 31st December, 1987 for storage of sugar upto 120 metric tonnes at a time, by Additional District Magistrate (Civil Supplies) Ghaziabad. After the expiry of the licence period, the Petitioner applied for renewal of its licence. Vide letter dated 16th January, 1988 the Petitioner's licence was renewed, but the storage capacity was reduced to 100 quintals sugar at a time.
(2.) In the counter-affidavit filed by the Supply Inspector of Ghaziabad, it has been stated that the Petitioner is a licensee under Clause 2(e) of the U.P. Sugar and Gur Dealers Licensing Order, 1962 and further that [it was due to clerical error that the storage capacity of sugar was wrongly mentioned in the licence as 120 metric tonnes and the said mistake was rectified vide letter dated 15th January, 1988 and the storage capacity of sugar was fixed at 100 quintals at a time in the licence. This error in the licence was detected by the Joint Secretary, Food and Civil Supplies, U.P. Lucknow and the storage capacity was re-fixed, as per guidelines and direction, issued by the Government of India Notification No. GSR 391 (E)/E65 Com -Sugar dated May 22, 1984 published in the Gazette of India Extra Ordinary, Part II, dated 22nd May, 1984.
(3.) From the stand taken by the State in the counter-affidavit, it is apparent that the storage capacity of the Petitioner was reduced to 100 Quintals of sugar at a time by virtue of the notification of the Government of India, referred to above. This notification of the Central Government has been issued under Clause 5 of Sugar Control Order, 1966. The relevant portion of the notification is being reproduced below: In exercise of the powers conferred by Clause 5 of the Sugar (Control) Order, 1966, and in superession of the Order of the Government of India in the Ministry of Agriculture (Department of Food) No. G.S.R. 362 (E), Ess. Com/Sugar dated the 29th April, 1982, the Central Government hereby directs that no recognised dealer shall keep in stock at any time. (1) Vacuum Pan sugar, in the places mentioned below, in excess of the quantities mentioned against each; (i) in Calcutta and extended area- (a) recognised dealers who import sugar from outside West Bengal-3,500 quintals; (b) other recognised dealers-250 quintals; (ii) in other places- (a) in cities and towns with a population of one lakh or more-250 quintals; (b) in other towns with a population of less than one lakh-100 quintals. (2) Khandsari (open pan sugar) in excess of 250 quintals provided that no recognised dealer shall hold any stock of vacuum pan sugar or khandsari (open pan sugar) for a period exceeding ten days from the date of receipt by him of such stock of sugar or Khandsari; Provided further that nothing in this Order shall apply to the holding of stocks of sugar (i) on Government account; or (ii) by the recognised dealers nominated by a State Government or an officer authorised by it to hold such stock for distribution through fair price shops; or (iii) by the Food Corporation of India. Explanation--For, the purposes of this Order, "Calcutta and extended area "means the areas specified in the Schedule to the notification of the Government of West Bengal No. 7752 F.S./F.S./14R 92/61, dated the 16th December, 1964;