DILBAGH SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The short question for consideration in the present Writ Petition, is whether the State is bound to make payment of the Sugarcane, which the petitioners have supplied to the respondent no.5-Sugar Mill.

(2.) As per Sec. 16 of the U.P. Sugarcane (Regulation of Supply and Purchase) Act, 1953, which is reproduced in Paragraph no. 9, at Page No. 10 of the paper-book, the State Government, for maintaining supplies, has to regulate the purchase and supply of cane in the reserved and assigned areas, and as per Sec. 13, at Page No. 9 of the paper-book, the State Government, by making Rules, can make provision for fixing of prices in respect of the entries, so corrected or added in the register, and prescribing of the procedure for payment of such price.

(3.) The only power, which the State Government is exercising, under the U.P. Sugarcane (Regulation of Supply and Purchase) Act, 1953, is to regulate the prices, which the sugar-mill has to pay to the farmers.