Balaji Modern Rice and Flour Mills v. Govt. of A. P.
1992-10-23
KULDIP SINGH, N.M.KASLIWAL, P.B.SAWANT
body1992
DigiLaw.ai
ORDER : Kuldip Singh, J. The appellants are non-trading rice millers in the State of Andhra Pradesh. They challenged before the Andhra Pradesh High Court the vires of Andhra Pradesh Rice Procurement (Levy and Restriction on Sale) Order, 1967 as amended on November 21, 1981 and May 29, 1982. They also prayed that the State of Andhra Pradesh be restrained from taking any levy rice from them under the above-said control order. The writ petitions were dismissed by learned Single Judge and the judgment was upheld in appeal by a Division Bench of the High Court. 2. We have heard learned counsel for the parties. Mr. A. Subba Rao, learned counsel appearing for the appellants has taken us through the judgment of the High Court. We see no infirmity in the judgment of the High Court. We agree with the reasoning and the conclusions reached therein. The appeal is dismissed with no order as to costs. 3. Mr. Subba Rao, however, states that after the judgment of the Division Bench of the High Court the State Government has issued further orders to the detriment of the non-trading rice millers. According to him the said orders go beyond the provisions of the Control Order and as such are without jurisdiction and unconstitutional. This appeal is against the judgment of the Division Bench of the High Court. Subsequent orders issued by the State of Andhra Pradesh could not be impugned in this appeal. The appellants may, if so advised, challenge the validity of those orders in an appropriate forum in accordance with law.