KUMBHAI CHINI MILLS Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner M/s. Kumbhi Chini Mills Ltd. by means of Writ Petition No. 7297 (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 so far as it relates to allotment of Mersanda Cane Purchase Centre of Sahkari Ganna Vikas Samiti Ltd. Hargaon, district Sitapur and M/s Govind Sugar Mills Ltd. by means of Writ Petition No. 7390 of 2009 has sought a writ in the nature of certiorari for quashing of the order dated 21.12.2009, passed by Special Secretary, Government of U.P., Department of Sugar Industries & Cane Development by which Tejwapur Sugarcane Purchase Centre has been assigned to Kumbhi Chini Mills Both the writ petitioners have sought a writ in the nature of mandamus commanding the respondents to allow the petitioner to operate the respective cane purchase centres i.e. Marsanda Sugarcane Purchase Centre and Tejwapur Sugarcane Purchase Centre. Thus, since both the writ petitions are the cross writ petitions, challenging the same order to the extent by which they are affected, as such, both writ petitions are being decided together by way of common judgment

(2.) Heard Sri Prashant Chandra, Senior Advocate, assisted by Sri Akhilesh Kalra, Advocate, learned counsel for the petitioner in W.P. No. 7297 (MS) of 2009 and also appearing as Counsel for the respondent No. 4 in W.P. No. 7390 (M/S) of 2009, Dr. R. K. Srivastava, learned counsel for the opposite party No. 4 in W.P. No. 7297 (MS) of 2009 and as counsel for the petitioner in W.P. No. 7390 (MS) of 2009, Sri K. S. Pawar, Advocate, appearing, on behalf of Sahkari Ganna Vikas Samiti Ltd. Hargaon as well as Lakhimpur Kheri and the learned Standing Counsel for the State. Facts, in brief, of Writ Petition No. 7297 (MS) of 2009

(3.) The petitioner sugar mill is an Unit of M/s Balrampur Chini Mills Ltd. which is a company incorporated under the Companies Act, 1956 having its registered office at FMC Fortuna, 2nd Floor, 234/3-A, A.J.C. Bose Road, Kolkota. The petitioner sugar mill is inter-alia engaged in the business of production and sale of white crystal sugar by Vacuum Pan Process. The petitioner sugar- mill was established in the cane crushing season 2006-07 with an installed crushing capacity of 8000 TCD and the crushing season 2006-07 was the trial season of the petitioner sugar-mill.