NEW INDIA SUGAR WORKS ETC. ETC. versus STATE OF UTTAR PRADESH AND ORS.

NEW INDIA SUGAR WORKS ETC. ETC. versus STATE OF UTTAR PRADESH AND ORS.

The levy notification operates on all stocks, whether manufactured before or after its issuance; price fixation prioritizes consumer interests, and restrictions imposed are not unreasonable; no violation of Articles 14 or 19(1)(g) of the Constitution.

Parties
Petitioner: New India Sugar Works Etc. Etc.; Respondent: State of Uttar Pradesh; Respondent: State of Madhya Pradesh; Respondent: Union of India
Jurisdiction
India
Judgment Date
27 February 1981
Procedural Posture
Writ Petition / Final Disposition
Outcome
Petitions dismissed
Legal Topics
Retrospective Operation of Levy Orders, Price Fixation, Reasonableness of Restrictions, Levy on Manufactured Goods
Constitutional Law Administrative Law Retrospective Operation of Levy Orders Price Fixation Reasonableness of Restrictions Levy on Manufactured Goods

Case Brief

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Parties

New India Sugar Works Etc. Etc.

Petitioner

State of Uttar Pradesh

Respondent

State of Madhya Pradesh

Respondent

Union of India

Respondent

Procedural Posture

Writ Petition / Final Disposition

Legal Issues

  1. 1 Whether the levy order on khandsari sugar has retrospective operation applying to existing stocks
  2. 2 Whether fixation of levy sugar price must cover manufacturing cost

Ratio Decidendi

The levy notification operates on all stocks, whether manufactured before or after its issuance; price fixation prioritizes consumer interests, and restrictions imposed are not unreasonable; no violation of Articles 14 or 19(1)(g) of the Constitution.

Court Disposition

Petitions dismissed

Orders

  • Stay granted in all petitions to continue until sub-clauses 3 and 5 in impugned notifications are withdrawn by State Governments.
  • Government to delete or withdraw sub-clauses restricting free sale of sugar and ensure proper handling of levy sugar stocks.