- (1.) These two writ petitions raising similar issues have been heard together and are being decided by this Common judgement. Pleadings in both the writ petitions are complete and with the consent of learned Counsel for the parties, the writ petitions are being finally decided.
(2.) We have heard Sri Ashwini Kumar Misra, Advocate for the petitioner in first writ petition and Sri Anoop Trivedi, Advocate has appeared for the petitioner in the second writ petition. Sri Jaideep Narain Mathur, learned Additional Advocate General assisted by Sri S.P. Kesharwani has appeared for the State respondents. Dr. Y.K. Srivastava has appeared on behalf of U.P. State Sugar Corporation Ltd.
(3.) For deciding both the writ petitions, it is sufficient to refer the facts and pleadings of the first writ petition i.e. writ petition No. 39850 of 2009 in detail and reference of some facts of second writ petition also. The second writ petition No. (PIL) 47934 of 2008 was filed earlier in point of time on 10.9.2008 praying for quashing the request for proposal for strategic sale of entire equity of the Government of U.P. in U.P. State Sugar Corporation Ltd. as issued on 8.9.2008. Prayer for quashing the Government Order dated 4.6.2007 was also made by which the State of U.P. has taken decision for privatisation/ sale of units of U.P. State Sugar Corporation Ltd. The writ petition was entertained and an order dated 30.9.2008 was passed by which a direction was issued that no third party right shall be created till the next date of listing. During the course of hearing in the said writ petition, the Court was informed that an Ordinance was also issued on 29.9.2008.;