TMI Blog1990 (3) TMI 68X X X X Extracts X X X X X X X X Extracts X X X X ..... f the statutes. No illegality or infirmity could be pointed out in ft. Any challenge, therefore, founded on excessive delegation of legislative power, was misconceived. Appeal dismissed. - Writ Petition No. 1555 of 1979, - - - Dated:- 23-3-1990 - Judge(s) : R. M. SAHAI., K. JAGANNATHA SHETTY JJ. Writ Petition No. 1555 of 1979, Writ Petition No. 31, Writ Petition No. 32, Writ Petition No. 33, Writ Petition No. 227, Writ Petition No. 228, Writ Petition No. 229, Writ Petition No. 230, Writ Petition No. 231, Writ Petition No. 256, Writ Petition No. 316, Writ Petition No. 317, Writ Petition No. 422, Writ Petition No. 476, Writ Petition No. 461, Writ Petition No. 1488 of 1980, Writ Petition No. 999, Writ Petition No. 1574, Writ Petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mably because of the decisions in Kewal Krishan Puri v. State of Punjab [1979] 3 SCR 1217 Ramesh Chandra V. State, of U. P. [1980] 3 SCR 104 ; Rathi Khandsari Udyog v. State of U. P. [1985] 2 SCR 966 and Sreenivasa General Traders v. State of Andhra Pradesh, AIR 1983 SC 1246. Despite these decisions spelling out the basic principles for determining the validity of marketing legislation dealing with agricultural produce, the petitioners were not willing to take it lying down probably because none of these decisions dealt with sugar. It was urged that inclusion of sugar in the Schedule to the Act was arbitrary, primarily because it being declared commodity of public importance under entry 52 of List I of Schedule VII, the State Legislature ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h only to produce from soil. If that be the construction, then all items of animal husbandry shall stand excluded. It further overlooks the expanse of the expression "or otherwise as specified in the Schedule". Nor the switchover from the indigenous method of producing anything to scientific or mechanical method change its character. Khandsari sugar which is produced by open pan process and is not different from sugar produced by vacuum pan process except in composition, filterability and conductivity as held in Rathi Khandsari Udyog, [1985] 2 SCR 966 was held to be agricultural produce in some decisions. No distinction was made on the method of production, namely, by modern plant and machinery. To say, therefore, that sugar being produced ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 956 AIR) all the "Acts and the notifications issued thereunder by the Centre in regard to sugar and sugarcane were enacted in exercise of concurrent jurisdiction". The effect of it was described thus (at page 695) : "The Provincial Legislatures as well as the Central Legislature would be competent to enact such pieces of legislation and no question of legislative competence would arise". Any further discussion on clash between entry 52 of List I of the Seventh Schedule with entry 28 of List If, in the circumstances, is unnecessary. As regards the submission of occupied field, suffice it to say that there is no repugnancy in the Central and State legislation At least none was made out. Even if there would have been any, the Act having receiv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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