LAXMI KHANDSARI ETC. ETC. versus STATE OF U.P. & ORS.

LAXMI KHANDSARI ETC. ETC. versus STATE OF U.P. & ORS.

The notification imposing a temporary ban on the operation of power crushers in the reserved area is a reasonable restriction under Article 19(1)(g), consistent with the Sugarcane (Control) Order, 1966 and Essential Commodities Act, 1955, and aimed at ensuring equitable sugar distribution. However, the exemption in favour of 'vertical' crushers is arbitrary and discriminatory under Article 14 and must be struck down; the rest of the notification remains valid as the word 'vertical' is severable.

Parties
Petitioner: Laxmi Khandsari Etc. Etc.; Respondent: State of U.P. & Ors.
Jurisdiction
India
Judgment Date
09 March 1981
Procedural Posture
Writ Petition and Civil Appeal / Final Judgment
Outcome
Petitions and Appeal dismissed
Legal Topics
Reasonableness of Restrictions, Excessive Delegation, Equality Under Article 14, Natural Justice, Monopoly, Essential Commodities
Constitutional Law Administrative Law Economic Regulation Reasonableness of Restrictions Excessive Delegation Equality Under Article 14 Natural Justice Monopoly +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 8 Authorities cited 21 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Laxmi Khandsari Etc. Etc.

Petitioner

State of U.P. & Ors.

Respondent

Procedural Posture

Writ Petition and Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the notification under clause 8 of the Sugarcane (Control) Order, 1966 is violative of Article 19(1)(g) and lacks reasonableness
  2. 2 Whether clause 8 suffers from excessive delegation and violates Article 14
  3. 3 Whether imposing a ban only on non-vertical power crushers is discriminatory

Ratio Decidendi

The notification imposing a temporary ban on the operation of power crushers in the reserved area is a reasonable restriction under Article 19(1)(g), consistent with the Sugarcane (Control) Order, 1966 and Essential Commodities Act, 1955, and aimed at ensuring equitable sugar distribution. However, the exemption in favour of 'vertical' crushers is arbitrary and discriminatory under Article 14 and must be struck down; the rest of the notification remains valid as the word 'vertical' is severable.

Court Disposition

Petitions and Appeal dismissed

Orders

  • The word 'vertical' is struck down from the impugned notification as discriminatory, remainder of the notification upheld.
  • In future, government should avoid similar discrimination in notifications.