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2001 DIGILAW 622 (PAT)

Bihar Sugar Mills Association v. Union Of India

2001-07-23

RADHA MOHAN PRASAD

body2001
Judgment 1. this writ petition, petitioners are aggrieved on account of less fixation of price of levy sugar by Respondent no. 1 for North Bihar zone. 2. According to the learned counsel for the petitioners while fixing price of levy sugar the Respondent-authority has not complied with the requirement of consideration as provided under Section 3 (3C) of the Essential Commodities Act and have committed serious error in fixing price of levy sugar in North Bihar vis-a-vis other zones. It is submitted that, in fact, the Respondent-authorities have fixed the price of levy sugar for North Bihar zone only on the basis of the details furnished by the three Sugar Mills i.e. Harinagar Sugar Mills, Majhaulia Sugar Mills and Hasanpur Sugar Mills and have not taken into consideration the recovery, duration of season and cost of production of other units of the zone in question. 3. A counter affidavit has been filed on behalf of the Respondents. Mr. Tripathi, learned Additional Standing Counsel appearing for the Respondents has submitted that the price of levy sugar has been fixed on the basis of the information supplied by various sugar units on the basis of fixed formula. However, this fact has been disputed by Mr. Giri, learned counsel appearing for the petitioners, who submitted that, in fact, petitioners have given full details in support of the points raised by them whereas in the counter affidavit general statement have been made. 4. Be that as it may, in the facts, and circumstances, this Court finds it appropriate to direct that the petitioner should approach the Secretary, Ministry of Consumer Affairs, Food and Public Distribution, Department of Food & Public Distribution, Krishi Bhawan, New Delhi (Respondent no. 1) with details, in support of their grievance which shall be considered and disposed of by the Secretary on hearing the parties by a reasoned order within four weeks of their approaching the Secretary by way of detailed representation. It is needless to add that if the Secretary finds substance in the stand of the petitioners he shall issue fresh notification redetermining the price of the levy sugar accordingly. 5. This application is, thus, disposed of.