LAWS(PAT)-2010-8-100

STATE OF BIHAR Vs. VISHNU SUGAR MILLS LIMITED

Decided On August 27, 2010
STATE OF BIHAR Appellant
V/S
Vishnu Sugar Mills Limited Respondents

JUDGEMENT

(1.) The State of Bihar has preferred these four appeals under clause 10 of the Letters Patent of the High Court of Judicature at Patna, and are, aggrieved by a common judgment dated 28.2.2005, passed by a learned single Judge of this Court, whereby the following writ petitions have been disposed of with certain directions to the Cane Commissioner, Bihar, Patna:-

(2.) Learned counsel for the appellants raises a grievance that the directions amount to interference with the discretion vested in the Cane Commissioner and impermissible in law. He relies on the judgment of the Supreme Court in U.P. State Road Transport Corporation vs. Mohd. Ismail, 1991 AIR(SC) 1099 (Para 11). He also submits that the learned writ court has erred in issuing the direction that allocation of traditional cane-growing areas would be for five years, and non-traditional areas would be for three years.

(3.) Learned counsel for the writ petitioners (respondents herein) has supported the impugned order.