HARI SHANKER Vs. CANE COMMISSIONER

JUDGEMENT

(1.) We have heard learned counsel for parties and have also perused the entire material available on record.

(2.) Civil Miscellaneous Writ Petition No. 19819 of 1997 was filed by six members of a registered society known as Sahkari Ganna Vikas Samiti Limited, Ram Kola (P) District Padrauna, which was a Cane Growers Co-operative Society (hereafter referred to as the Co-operative Society) for seeking a direction in the nature of mandamus, inter alia, for compelling the respondent No. 5, Gangeshwar Limited Ram Kola, Padrauna, District Deoria (hereafter referred to as the sugar mill) and the respondent No, 6, U. P. State Sugar Cane Corporation Limited Unit Laxmiganj, district Padrauna for accepting petitioners' sugar cane and for crushing the same. An interim order was passed in Writ Petition No. 19819 of 1997 on 11.6.1997 whereby the Deputy Cane Commissioner, who was permitted to be impleaded as party-respondent No. 7, was directed to ensure obedience of the order of the Cane Commissioner dated 28.5.1997. By this order of the Cane Commissioner the Ramkola Sugar Mill was directed to purchase the standing sugar cane available in the reserved area and to supply the same to the nearby sugar mills.

(3.) Civil Miscellaneous Writ. Petition No. 32550 of 1997 was filed by Gangeshwar Limited through its Vice President (who was also the occupier), inter alia, for staying the operation of the order dated 17.9.1997 (Annexure-17 to the writ petition) passed by Deputy Cane Commissioner, Deoria. By this order a direction was issued to the sugar mill to pay Rs. 1,16,550 to the cane farmer members of the Co-operative Society (respondents 3 to 7 in C.M.W.P. No. 32550/1997 and petitioners in the Writ Petition No. 19819 of 1997), as compensation on account of the fact that the sugar mill had failed to crush 1665 quintals of sugar cane which was being offered by those cultivators. The two connected writ petitions arc being disposed of by a common judgment. However for convenience we first proceed to deal with C.M.W.P. No. 32550/1997 filed by the sugar mill.