- (1.) WITH the issuance of the notification by the State Government dated 18th October, 2008 fixing the State Advised Price (hereinafter referred to as SAP) for the crushing season 2008-09, this bunch of writ petitions by the owners of sugar factories has been filed. As in the previous years, the fixation of the said SAP by the State is being questioned on various grounds both legal as well as factual.
(2.) THE authority of the State to fix the said price, the authority if any being unguided and therefore arbitrary to the extent of being violative of Article 14 of the Constitution of India, the price fixed, being unreasonable, based on irrelevant consideration and in ignorance of relevant consideration, are the broadly stated contentions agitated in this bunch of writ petitions. Judgments delivered by the Hon'ble Supreme Court as well as by the other Division Benches of this Court in various cases specifically between 2007 to 2008 are referred and relied upon by the parties to the litigation. Reference has also been made to the interim orders, passed by the Hon'ble Supreme Court in respect of the S. A. P. of the previous years in various special leave to appeals, which are pending, arising out of judgments of this Court. Initially an attempt was made on behalf of the writ petitioners to suggest that since the dispute pertaining to fixation of SAP qua previous crushing season was pending consideration before the Hon'ble Supreme Court and interim orders have been passed providing for payment of cane price on provisional basis pending finalization of the dispute pertaining to SAP by the Hon'ble Supreme Court, this Court may also pass suitable interim orders and postpone the hearing in the matter to some later date. However, the aforesaid plea was not pressed in the background that fixation of SAP, being a legislative function, has to be performed each year and such fixation on various factors, as may be relevant qua that fixation, has to be examined by the Court independent of the dispute pending qua previous crushing season. , It is in this background that we have proceeded to consider the writ petitions filed by various sugar factories challenging the fixation of SAP by the State Government for the year 2008-09 on merits. Affidavits have been exchanged between the parties.
(3.) THE notification under challenge is dated 18th October, 2008. THE SAP fixed thereunder in respect of the different varieties of sugarcane for the season 2008-09 is as follows : For early maturing varieties. . . Rs. 145. 00 per qtl. For normal varieties. . . Rs. 140. 00 per qtl. For rejected varieties. . . Rs. 137. 50 per qtl. The SAP. fixed for the crushing season 2006-07 and 2007-08 by. the State Government, which was the same was as follows: For early maturing varieties. . . Rs. 130. 00 per qtl. For normal varieties. . . Rs. 125. 00 per qtl. For rejected varieties. . . Rs. 122. 50 per qtl.;