Satish Chandra, C.J. - (1.) Sec. 12 of the U. P. Milk Act (U. P. Act No. 7 of 1976) authorises the Milk Board to declare by a notification an area to be 'reserved area to ensure the availability of sufficient milk at fair prices. Acting under this provision, the Milk Board on Jan. 4, 1977 issued a notification declaring certain areas as reserved areas in the district of Moradabad, Aligarh, Mathura, Meerut etc. On April 24, 1978 the State Government issued a notification under Section 15 of the U. P. Milk Act, called the Uttar Pradesh Milk and Milk Products Control Order, 1978. This notification applied to four regions mentioned in it. The notification was to remain in force till July 15, 1978. By a subsequent notification its operation was extended till July 30, 1978. Clause (2) of this Control Order imposed restrictions upon the use of the milk for manufacture of any milk product and also on export of milk to places outside the mentioned regions. The proviso makes certain exemptions.
(2.) The petitioners in this group of writ petitions are producers of milk as also those who run dairies to collect and sell milk and manufacture and sell milk products. They having felt aggrieved at those notifications have approached the Court under Art. 226 of the Constitution with a prayer that the aforesaid notifications be quashed principally on the ground that they violate Art. 14 of the Constitution.
(3.) The notification under Section 12 of the Act has been challenged on the ground that it creates an invidious discrimination between certain manufacturers and the dairies specifically 'mentioned in it on the one side, and others in the matter of requirement of a valid permit before the latter class can transport milk or milk products outside the reserved area. This notification creates reserved areas and fixes price payable to the producers of the milk in the reserved areas. Clause (2) provides that no person other than those mentioned in it shall collect, carry or transport milk or milk products from any place within a reserved area to any place outside such area without obtaining a valid permit from the Licensing Authority under the U. P. Milk Act, 1976.;