S. Kumar JUDGMENT
Sanjay Karol, C.J.
1. Petitioner prayed for the following reliefs:-
"To issue writ in the nature of writ of mandamus or any writ/order/direction directing the Respondents to henceforth immediately & expeditiously procure the ready & harvested crop of maize grains from the farmers of State and accordingly, pay such beneficiaries at the Minimum Support Prices (MSP) fixed by the Government of India."
2. Can the Court issue a mandamus directing the State to pay a Minimum Support Price (MSP) for an agricultural crop is the issue which arises for consideration before this Court.
3. Petitioner, who has filed the instant petition in public interest, desires that the State fixes a Minimum Support Price for procuring the agricultural crop, i.e. maize, which is lying in abundance in the State of Bihar.
4. The Respondent No. 2 has opposed the petition, inter alia, on the ground that procurement of particular crop is a policy matter and since the Godowns of the Food Corporation of India are likely to be filled up with other category of food-grains to be procured, any decision for fixing the Minimum Support Price would be contrary to the public interest and against the policy.
5. No other submission is made on behalf of the parties.
6. Pricing and procurement of food-grains for public distribution system, as also fixing Minimum Support Price is a policy decision which cannot be interfered with by the Court, unless of course, such policy is arbitrary, capricious, whimsical or violative of Article 14/21 of the Constitution of India.
7. The principles governing scope of judicial review in the matter of price fixation are now well settled.
1. It is open to the Government to fix such price as it thinks appropriate having regard to public interest.
2. Judicial Scrutiny is far less in cases where price fixation has its origins in non-statutory materials.
3. Principles of natural justice would not be applicable and judicial review would be limited to plea of violation of Article 14.
8. In the Seventh Schedule, List II and List III of the Constitution of India, we find the following entries relevant:-
"List-II
14. Agriculture, including agricultural education and research, protection against pests and prevention of plant diseases.
26. Trade and commerce within the State subject to the provisions of entry 33 of List III.
Under List III:
33. Trade and commerce in, and the production, supply and distribution of,--
(a) the products of any industry where the control of such industry by the Union is declared by Parliament by law to be expedient in the public interest, and imported goods of the same kind as such products;
(b) foodstuffs, including edible oilseeds and oils;
(c) cattle fodder, including oilcakes and other concentrates;
(d) raw cotton, whether ginned or unginned, and cotton seed; and
(e) raw jute.
34. Price control"
9. Article 162 of the Constitution of India reads as under:
"Extent of executive power of State Subject to the provisions of this Constitution, the executive power of a State shall extend to the matters with respect to which the Legislature of the State has power to make laws Provided that in any matter with respect to which the Legislature of a State and Parliame........