Petitioners challenged differential cold storage rates for potatoes in North and South Bihar, claiming lack of Board recommendation and irrationality. The Court held the fixation was based on relevant factors and dismissed the petition.
Petition dismissed holding the fixation of differential rates as rational and legal.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6365 of 1996
.... .... Petitioner/s
Versus
.... .... Respondent/s
===========================================================
Appearance :
For the Petitioner/s : M/s L.K.Bajla and Pravin Kumar Sinha, Advs. For the Respondent/s : Mr. GP-4
Mr. Sharad Kr. Sinha
=========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 05-02-2015
Heard learned counsel for the petitioners and learned
counsel for the State.
In this case, petitioners are challenging the notice published by Respondent No. 2 in the daily newspaper of Bihar being 4519 (Krishi-24)95-96 whereby and whereunder Respondent No. 2 has fixed two different rates for storage of potatoes in the cold storage of the Bihar for the period March, 1996 to November, 1996 or part thereof. Rs. 66 per quintal has been fixed as the rate for South Bihar Rs. 75/- per quintal is the rate fixed for North Bihar.
Claim has been made that the fixation of rate for two
Patna High Court CWJC No.6365 of 1996 dt.05-02-2015
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different regions is not based on reasonable classification and not on the basis of recommendation of the Board and, as such, the fixation of rate without recommendation of the Board which has been mentioned herein above, is completely illegal and liable to be quashed.
From the counter affidavit it appears that the rate for storage of per quintal potatoes has been fixed on the basis of recommendation of the Board and only thereafter, the Notification was issued for fixing the rate for storage of potatoes, as the condition of power supply was better the South Bihar than the North Bihar which was one of the reasons for fixation of two rates for keeping potatoes in the cold storage and it cannot be said that two rates fixed for the cold storage for two different regions any way suffers from any illegality and irrationality.
This Court feels that the fixation of rate is based on relevant factor and completely rational and the reason that has been assigned cannot be said to be any way suffers from any illegality.
In such view of the matter, this petition is dismissed.
(Shivaji Pandey, J)
Mahesh/-
U
2 issues framed by the court
Whether fixation of different storage rates for North and South Bihar potatoes without Board recommendation is illegal.
Whether classification based on power supply conditions is reasonable and rational.
M/s Shree Vishnu Cold Storage and others
The State of Bihar and others
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
