Arun Kumar Mitra, J. - (1.) This writ petition has been moved challenging the notification dated 5.11.93 issued by the Government of West Bengal making amendment of West Bengal Sugarcane (Control) Order, 1985 declaring Murshidabad Jiyagange, Block of Murshidabad District as reserved area in terms of the West Bengal Sugarcane (Control) Order, 1985 hereinafter termed as the "said Order 1985."
(2.) Initially, the writ petition was moved with notice to the State Government as well as the private respondent No. 9. On behalf of the respondent No. 9, Kaji Safiuddin learned Advocate appeared but no on appeared on behalf of the State Government neither any affidavit-in-opposition has been filed inspite of direction.
(3.) The case as has been made out by the petitioners is inter alia as follows : The petitioners are marginal cultivators of sugarcane. They earn their livelihood from the production of sugarcane as well as by crushing sugarcane and that is their only livelihood. The petitioners have got trade licence and they pay Pachayat Tax.;