RAUZAGAON CHINI MILL Vs. STATE OF UP

JUDGEMENT

(1.) The petitioner, M/s. Rauzagaon Chini Mills, by means of Writ Petition No. 7394 (MS) of 2009 has sought a writ in the nature of certiorari for quashing the order dated 21.12.2009, passed by Special Secretary, Government of U.P., Department of Sugar Industries & Cane Development (respondent No. 2) as contained in Annexure No. 1 to the writ petition. It has further sought a writ in the nature of mandamus commanding the respondent authorities to permit the petitioner to continue to operate the Barwa Cane Centre of Sahkari Ganna Vikas Samiti Ltd. Faizabad as per the Cane Reservation Order dated 5th November, 2009, passed in favour of the petitioner Chini Mill.

(2.) The other petitioner, namely, K.M. Sugar Mills Ltd. has also sought a writ in the nature of certiorari for quashing the impugned order dated 21.12.2009 passed by the Appellate Authority (respondent No. 2) as contained in Annexure No. 1 to the writ petition to the extent it assigns one part of the Cane Purchase Centre Barwa to the respondent Sugar Mill. It has further sought a direction in the nature of mandamus commanding the respondents to allow the petitioner to purchase sugarcane from both the parts of Cane Purchase Centre, Barwa.

(3.) Since both the writ petitions are the cross writ petitions, challenging the same order to the extent by which they are affected, the same are being decided together by way of common judgment & order.