DEWAN SUGARS LTD Vs. CENTRAL GOVT

JUDGEMENT

(1.) HEARD Shri bharatji Agarwal, learned Senior Advocate and Shri Vivek Chaudhary for the petitioner. Mr. S. K. Mishra appears for respondent No. 1. Mr. S. P. Kesarwani, learned Additional chief Standing Counsel for the State of U. P. appears for respondent Nos. 2 to 6 and mr. Ravindra Singh, appears for the Co-operative cane Development Union - Intervener.

(2.) THE petitioner is a limited Company manufacturing sugar and is situated in District moradabad. The petition is filed through its Director Shri Gaurav Dewan. The first respondent to the petition is the Central Government through its Finance Secretary. Respondent no. 2 is the State of U. P. through the Chief Secretary. Respondent No. 3 is the principal Secretary, Sugar Industry and cane Development of the State Government. Respondent No. 4 is the Cane Commissioner of the State and respondent Nos. 5 and 6 are District Magistrate and the Tahsildar, moradabad.

(3.) (I) The petition originally filed, seeks a writ of mandamus directing the first respondent-Union of India, to modify its scheme of loan finance and to exclude the necessity of obtaining a guarantee from the State Government for the NPA Units as according to the petitioner, it is superfluous. (ii) The second prayer is to issue a writ of mandamus to the State Government to quash and set aside its order dated 5-4-2008, whereby the State Government has declined to give any guarantee to the petitioner for the sugarcane price that it has sought. (iii) The third prayer to the petition is to seek a direction to the second respondent-the state Government, to issue a guarantee in that behalf.