U. P. KATTHA FACTORIES ASSOCIATION versus THE STATE OF U.P. AND ORS.

U. P. KATTHA FACTORIES ASSOCIATION versus THE STATE OF U.P. AND ORS.

The restriction imposed by the Government, including a cut-off date for eligibility for forest produce based on policy and scarcity, does not violate Article 14 as it is a policy decision not subject to judicial intervention except in clear cases of arbitrariness, which is not present here.

Parties
Appellant: U.P. Kathiha Factories Association; Respondents: The State of U.P. and Ors.
Jurisdiction
India
Judgment Date
02 January 1996
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Policy Decision, Discrimination, Small Scale Industries, Forest Produce Allotment
Constitutional Law Administrative Law Policy Decision Discrimination Small Scale Industries Forest Produce Allotment

Case Brief

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Parties

U.P. Kathiha Factories Association

Appellant

The State of U.P. and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the complete ban on registration of small scale industries using 'Khair wood' in U.P. is violative of Article 14 of the Constitution of India.

Ratio Decidendi

The restriction imposed by the Government, including a cut-off date for eligibility for forest produce based on policy and scarcity, does not violate Article 14 as it is a policy decision not subject to judicial intervention except in clear cases of arbitrariness, which is not present here.

Court Disposition

Appeal dismissed

Orders

  • No costs