MODI SUGAR MILLS Vs. STATE OF U P

JUDGEMENT

(1.) WRIT Petition No. 8324 (MB) of 2008 has been filed by Modi Sugar Mills Ltd. and one Vishnu Dutt Sharma, a share holder of the company; Writ Petition No. 8325 (MB) of 2008 has been filed by S. B. E. C. Sugar Mills and S. S. Agarwal, a share holder of the company and Writ Petition No. 8548 (MB) of 2008 has been filed by 34 petitioners, out of which petitioners No. 1, 2 and 3 are the association of private sugar sector factories in the State of Uttar Pradesh and petitioners No. 4 to 33 are individual sugar companies, which are members of the petitioner No. 1 association. Petitioner No. 34, Vimal Jain is a citizen of India and a share holder of petitioner No. 4.

(2.) APPLICATIONS for impleadment have been moved by the Cooperative Cane Development Union Ltd. , Vikramjot, District Basti, through its Chairman S'mt. Manju Singh, Sahkari Ganna Vikas Samiti Limited, Bhira-Khiri, through its Chair man Shri Achal Kumar Misra, having its office at Bhira-Khiri, Lakhimpur, U. P. , Sahkari Ganna Vikas Samiti Limited, Nawabganj-Bareilly, through its Chairman, Sri Arvind Kumar Gangwar, S/o Shri Kalyan Rai Gangwar, having its office at Nawabganj, Bareilly, U. P. , Sh. Pritam Singh s/o Sh. Ram Singh, Village and P. O. Gunarsa Deoband, District Saharanpur (Uttar Pradesh), Sahkari Ganna Vikas Samiti Limited, Paliyakala-Khiri, through its Chairman Shri Sukhdev Singh, hav ing its office at Paliyakala, Khiri, Lakhimpur, U. P. , Kisan Mazdoor Sangathan through its Convener, Shri VM. Singh, W- 127, Greater Kailash, New Delhi, and the Baghpat Cooperative Sugar Mills Ltd. , Baghpat, Uttar Pradesh alongwith Krishna Pal, Controller (Members) of its Committee of Management. We refer all the persons/parties, who were impleaded or not impleaded, as intervenors in the present order.

(3.) THE petitioners are engaged in the business of production of sugar by vacuum pan process and its sale. The raw material used for the production of sugar is sugarcane, which is purchased through Cane Growers' Cooperative So cieties and cane growers, in pursuance of the reservation orders passed by the Cane Commissioner, U. P. , in exercise of his powers under Section 15 of the U. P. Sugar Cane (Regulation of Supply and Purchase) Act, 1953, (hereinafter referred to as the' Act of 1953' ).