RANA SUGAR LTD Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Manish Mathur, learned counsel for the petitioner, learned Standing Counsel appearing for the State-respondents, Shri K.S. Pawar, learned counsel appearing for Cane Co-operative Development Society, Amroha and Shri Asit Srivastava, learned counsel appearing for respondent no.4-Dhampur Sugar Mills Ltd.

(2.) The petitioner is a sugar mill and has challenged the order dated 19.11.2015, passed by the Cane Commissioner, whereby four sugarcane purchase centres i.e. Ajijnagar, Faraspura, Didauli-II and Chaubaria have been included in the assigned area of respondent no.4-sugar mill. He has also challenged the appellate order dated 08.02.2016, passed by the State Government whereby the appeal preferred by the petitioner under Section 15 (4) of U.P. Sugarcane (Regulation of Supply and Purchase) Act, 1953 (hereinafter referred to as 'the Act') has been dismissed by the State Government.

(3.) Submission of learned counsel for the petitioner is that taking into account the various relevant factors including the factors enumerated in Rule 22 of the Act, the allotment of quantity of sugarcane made to the petitioner-mill vis-a-vis the quantity allotted to respondent no.4-sugar mill cannot be said to be equitable and hence, the impugned order being in violation of the very purpose of the enactment cannot be permitted to be sustained.