KUMBHI CHINI MILL Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Mr.R.N.Trivedi, learned Senior Advocate assisted by Mr.Akhilesh Kalra, learned counsel for the petitioner, Mr.Raghvendra Kumar Singh, learned Senior Advocate assisted by Mr. Anurag Kumar Singh, learned counsel for the opposite parties, Dr. R.K. Srivastava and Mr. A.K. Pandey, learned counsels for the opposite party No. 4 as well as Mr. K.S. Pawar, learned counsel for the opposite party No. 5.

(2.) THE dispute between the sugar mills demanding more and more sugarcane for allotment in their favour is perennial in nature. THE allotment of sugarcane and reservation as well as assignment of sugarcane area is regulated under the U.P. Sugar Cane (Regulation of Supply and Purchase) Act, 1953 (hereinafter referred to as the Act) read with U.P. Sugarcane (Regulation of Supply and Purchase) Rules, 1954 (hereinafter referred to as the Rules) as also the Sugarcane (Control) Order, 1966. For the purpose of Reservation and assignment of sugarcane area, the Cane Commissioner is empowered under Section 12 of the Act to publish estimated quantity of requirement of the sugarcane for the particular sugar Factory at the time of initiation of allotment of sugarcane, which can be modified during the crushing season also as per requirement of the sugar factories under Section 12 of the Act as well as Order 6 (a) and (b) of the Sugarcane (Control) Order, 1966, thus the basis of reservation and assignment of the sugarcane area, is the estimated requirement of the sugar factories, as has been held by this Court in the case of Govind Nagar Sugar Limited v. State of U.P. and others, 2001 (2) JCLR 354 (AII)(LB).

(3.) CLAUSE 6 (a) and (b) of the Sugarcane (Control) Order, 1966, which is relevant for consideration in the matter of reservation is also reproduced here-in- below :