Law: Sugar Factories Control Act, 1950

Section: 16,16(3)

Sindh Sugar Factories Control Act (XXII of 1950)--- ----S. 16[as amended by Sugar Factories Control (Sindh Amendment) Act (X of 2009)]--- Notification No. 8(142)/S.O.(Ext.)/2018-19 dated 07-12-2018--- Constitution of Pakistan, Art. 130---Decision of Provincial Government--- Scope--- Petitioners were aggrieved of Notification No. 8(142)/S.O.(Ext.)/2018-19 dated 07-12-2018 whereby Provincial Government fixed price for supply of sugarcane to sugar factories--- Validity--- Power to fix minimum support price for sugarcane was vested in "Provincial Government" and by definition same was required to mean Provincial Cabinet--- No decision in such regard was taken by Cabinet or even by the Chief Minister on or before date when notification in question was issued--- Even subsequent to issuance of notification, in Cabinet meeting post-facto rectification was sought to be accorded without any identification of decision or decision maker in such regard--- High Court set aside notification in question as same was issued otherwise than in accordance with law---Constitutional petition was allowed accordingly Mustafa Impex and others v. The Government of Pakistan and others PLD 2016 SC 808 and Karamat Ali and others v. Government of Sindh PLD 2018 Sindh 8 rel. THIS JUDGMENT DELIVERED BY: AGHA FAISAL, J.---- These three petitions pertain to the notification issued by the Government of Sindh Agriculture Supply and Prices Department dated 07.12.2019 ("Impugned Notification") whereby, inter alia, the minimum price of sugarcane for the crushing season 2018-19 was fixed at Rs.182 per 40 Kg. The petitioners in CP D-8591 of 2018 and CP D-8592 of 2018 have assailed the Impugned Notification and seek to have it struck down, whereas the petitioner in CP D-8624 of 2018 has sought the enforcement of the Impugned Notification. Since the controversy is common inter se, therefore, the said matters shall be determined through this common judgment. 2. The representative facts pertinent hereto are that the Government of Sindh is required to issue a notification each crushing season, pursuant to Section 16 of the Sugar Factories Control Act, 1950 ("Act"), fixing the minimum price of sugarcane…

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