KASHIPUR SUGAR MILLS LTD Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioner is a Sugar Mill. The grievance of the petitioner is that although it has certain areas reserved in his favour, the bonded sugar cane of this reserved area is being transferred to respondent No. 4, which is a power crusher as well as a distillery.

(2.) The contention of the petitioner is that a licence was given to respondent No. 4 by the State Government under Section 4 (3) of the U.P. Sugar Cane (Purchase Tax) Act (hereinafter referred to as "the Act"), 1961. At the time of renewal of this licence, the petitioner filed its objection stating that the licence be not renewed because the bonded sugar cane, which is reserved for the sugar mill of the petitioner is being illegally diverted to the Power Crusher of respondent No. 4. There were other allegations as well made by the petitioner against the respondent No. 4. The concerned authority however rejected the objections of the petitioner. Aggrieved by the said rejection dated 27.9.2008, petitioner filed an appeal before the Cane & Sugar Commissioner, Government of Uttarakhand/respondent No. 2 under Section 4 (4) of the Act, which was well within the rights of the authority concerned. Section 4 (4) of the Act reads as under:

(3.) The appellate authority after issuing notice to respondent No. 4 passed an order on 30th January, 2009, whereby four directions were given. Those directions are as follows: