GUPTA SUGAR WORKS versus STATE OF U.P. & ORS.

GUPTA SUGAR WORKS versus STATE OF U.P. & ORS.

The levy order and price fixation are valid, as they were made pursuant to statutory guidelines prioritizing consumer interest; restrictions imposed are not unreasonable and the auction of levy sugar was justified to prevent deterioration, not as a colourable exercise of power.

Parties
Petitioner: Gupta Sugar Works; Respondent No. 1: State of U.P.; Respondent No. 2: Union of India; Respondent Nos. 3 to 5: Mrs. Shobha Dikshit; Respondent No. 2: Mr. C.V. Subba Rao; Respondent No. 2: B. Parthasarthy; Petitioner: R.P. Singh
Jurisdiction
India
Judgment Date
26 October 1987
Procedural Posture
Writ Petition / Final Disposition
Outcome
Writ Petition dismissed with costs
Legal Topics
Price Fixation, Essential Commodities, Fundamental Rights, Levy Orders
Constitutional Law Administrative Law Economic Regulation Price Fixation Essential Commodities Fundamental Rights Levy Orders

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Parties

Gupta Sugar Works

Petitioner

State of U.P.

Respondent No. 1

Union of India

Respondent No. 2

Mrs. Shobha Dikshit

Respondent Nos. 3 to 5

Mr. C.V. Subba Rao

Respondent No. 2

B. Parthasarthy

Respondent No. 2

R.P. Singh

Petitioner

Procedural Posture

Writ Petition / Final Disposition

Legal Issues

  1. 1 Validity of the U.P. Khandsari Sugar (Levy) Order, 1981
  2. 2 Whether price fixation for levy khandsari sugar is valid
  3. 3 Whether the levy order is a colourable exercise of power

Ratio Decidendi

The levy order and price fixation are valid, as they were made pursuant to statutory guidelines prioritizing consumer interest; restrictions imposed are not unreasonable and the auction of levy sugar was justified to prevent deterioration, not as a colourable exercise of power.

Court Disposition

Writ Petition dismissed with costs

Orders

  • Petition dismissed with costs