HARINAGAR SUGAR MILL LTD. Vs. STATE OF BIHAR

JUDGEMENT

(1.) There is a counter affidavit on behalf of the State and counter affidavit and supplementary counter affidavits on behalf of private contesting respondent no.4. All parties have appeared and pleadings being complete, with consent of parties, this writ petition has been heard for its final disposal at this stage itself because of urgency of the matter.

(2.) The petitioner company has filed this writ petition challenging the order bearing no.2120 dated 25.10.2013 (Annexure-1) passed by the respondent Cane Commissioner, Bihar by which 12 villages situated on the Western side of the river Gandak, which were already reserved for the petitioner's sugar company for five years, i.e., crushing season 2010-11 to 2014-15 have been de-reserved and, consequently, allotted in favour of private-respondent no.4, M/s Tirupati Sugars Ltd. (Bagaha Chini Mill). By the aforesaid order, respondent no.4 has been permitted to establish two new road cane purchase centers in the said villages. Consequently, the prayer is to restrain respondent no.4 from making any purchase of sugarcane from the aforesaid 12 villages as also from establishing any road cane purchase centers therein and to allow the petitioner to establish two road cane purchase centers as sought for in respect of 12 villages for the crushing season 2013-14.

(3.) In nutshell, what the petitioner complains is that after having considered all aspects of the matter once an area was reserved for the purchase of sugarcane in respect of the petitioner the same could not have been altered to the prejudice of the petitioner without notice and adequate opportunity of hearing in this regard and without following the procedure as prescribed. There is no valid reason for such an action.