DIWAN SUGARSLTD Vs. APPELLATE AUTHORITY

JUDGEMENT

(1.) HEARD Sri S.P. Gupta, Senior Advocate, assisted by Sri Vivek Chaudhary, for the petitioner, Sri Sudhir Chandra, Senior Advocate assisted by Sri Yashwant Verma and Sri V.B. Upadhyaya, Senior Advocate, assisted by Sri V.K. Upadhya, for respondent No. 3, Sri Atul Mehra for respondent No. 4 and learned standing Counsel. Counter and rejoinder affidavits have been exchanged between the parties, with the consent of the parties, the writ petition is being finally disposed of.

(2.) BY this writ petition, the petitioner has prayed for quashing the order dated 25th October, 2004 passed by Cane Commissioner and the order dated 21st November, 2004 passed by appellate authority under Section 15(4) of the U.P. Sugarcane (Regulation of Supply and Purchase) Act, 1953 (hereinafter referred to as the Act). A writ, order or direction of appropriate nature has further been prayed commanding the respondents not to interfere with the peaceful possession of the petitioner on five cane centres, namely, Matlabpur -I, Matlabpur -III, Chaglad -l, Chaglad -II and Chaglad III.

(3.) SRI S.P. Gupta, Senior Advocate, appearing for the petitioner, challenging the impugned order, submitted that.