RATHI KHANDSARI UDYOG ETC. versus STATE OF U.P. AND ORS. ETC.
The legislature has expressly included 'Khandsari' within the scope of 'agricultural produce' under section 2(a) of the U.P. Krishi Utpadan Mandi Adhiniyam, 1964, and this definition is wide enough to cover all varieties of Khandsari, including those produced by factories. The Act’s objective is not limited to protecting producers, but broader market regulation. The court upheld the validity of section 2(a), holding it is not discriminatory or violative of Article 14, and confirmed the liability of petitioners to obtain licences and pay market and licence fees.
- Parties
- Petitioner: Rathi Khandsari Udyog Etc.; Respondent: State of U.P. and Ors. Etc.
- Jurisdiction
- India
- Judgment Date
- 22 February 1985
- Procedural Posture
- Writ Petition / Final Judgment
- Outcome
- Petitions dismissed
- Legal Topics
- Validity of Statutes, Market Regulation, Licensing, Discrimination Under Article 14, Agricultural Produce Definition
Case Brief
Summary, issues, holding and outcome
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Parties
Rathi Khandsari Udyog Etc.
Petitioner
State of U.P. and Ors. Etc.
Respondent
Procedural Posture
Writ Petition / Final Judgment
Legal Issues
- 1 Whether 'Khandsari Sugar' manufactured by factories is covered under 'agricultural produce' as per the U.P. Krishi Utpadan Mandi Adhiniyam, 1964
- 2 Whether petitioners are liable to obtain licences and pay market and licence fees under the Act for production of 'Khandsari Sugar'
- 3 Whether section 2(a) of the Act (definition of agricultural produce) is discriminatory and violative of Article 14 of the Constitution
Ratio Decidendi
The legislature has expressly included 'Khandsari' within the scope of 'agricultural produce' under section 2(a) of the U.P. Krishi Utpadan Mandi Adhiniyam, 1964, and this definition is wide enough to cover all varieties of Khandsari, including those produced by factories. The Act’s objective is not limited to protecting producers, but broader market regulation. The court upheld the validity of section 2(a), holding it is not discriminatory or violative of Article 14, and confirmed the liability of petitioners to obtain licences and pay market and licence fees.
Court Disposition
Petitions dismissed
Orders
- Rule issued in each of the petitions will stand discharged
- Interim orders will stand vacated
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