SUGAULI SUGAR WORKS PRIVATE LTD Vs. CANE COMMISSIONER

JUDGEMENT

(1.) This rule laises an interesting point as to the right of the Cane Commissioner to issue an order declaring a reserved area for the supply of cane to the factory as required by Section 15(1), Bihar Sugar Factories Control Act, 1937 (Bihar Act VII of 1937), read with Rule 24(1) of the Bihar Sugar Factories Control Rules, 1938, made by the State Government by virtue of the powers vested in them under Section 30 of the Act.

(2.) In this case, the petitioner is a private Limited Company, and, id has a sugar factory at Sugauli in the district of Champaran. It has obtained a rule from the High Court, on an application under Articles 223 and 227 of the Constitution, for a writ, in the nature of certiorari, against the opposite party to call up and quash the order of the Cane Commissioner, Bihar, dated 28-7-1956, purporting to have been issued under Rule 24-A(1) of the Rules, which is annexure G to the application. The petitioner has also asked for a writ in the nature of prohibition, refraining the opposite party from giving effect to the impugned order.

(3.) Opposite Party 1, who is the Cane Commissioner, Bihar, and, opposite party 3, who is the State of Bihar, have both jointly shown cause against the rule through the learned Advocate General, and have also filed a counter-affidavit Opposite party 2, who is the Cane Development and Cane Marketing Union, Limited, through its Secretary, has also shown cause through Dr. Syed Sultan Ahraad, and also filed a counter-affidavit.