ABDUL JALIL Vs. STATE OF U.P.
LAWS(ALL)-2021-2-1
HIGH COURT OF ALLAHABAD
Decided on February 01,2021

ABDUL JALIL Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

YOGENDRA KUMAR SRIVASTAVA,J. - (1.)Present writ petition has been filed praying for the following reliefs:­
"a. Issue a writ, order or direction in the nature of certiorari quashing the order dated 12.04.2019 passed by the respondent no.3 (Annexure No. 8 to this writ petition).

b. Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to decide the representation dated 05.11.2019 submitted by the petitioner as per Rule 5(5) of U.P. Sugarcane Supply and Purchase Order, 1954 (Annexure No.9 to this writ petition) in accordance with law.

c. Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to assign the collection center of sugarcane of the petitioner as it was prior to year 2018­19 to 4/Islam Nagar III instead of 3/Chaparchidi, Saharanpur Cane Circle, District Saharanpur.

d. Issue any other writ, order direction as this Hon'ble Court may deem fit to issue considering the facts and circumstances of the case. "

(2.)The petitioner claiming himself to be a resident of Village Ambehata Peer, District Saharanpur and a sugarcane farmer having his agricultural land in Village Manakpur, has filed the present writ petition, principally seeking to raise a grievance with regard to the attachment of his cane area to Cane Purchase Centre at Chaparchidi. In this regard the petitioner claims to have submitted a representation dated 05.11.2019 before the District Sugarcane Officer, Saharanpur. He also seeks to challenge the order dated 12.04.2019 passed by the Deputy Cane Commissioner, Saharanpur whereunder an earlier representation filed by the petitioner and certain other cane growers of the area with regard to the same grievance has been decided.
(3.)Contention of the learned counsel for the petitioner is that the cane growers of Village Manakpur have been supplying their sugarcane in previous years at the Cane Purchase Centre Islam Nagar bearing Center Code No.4/Islam Nagar ­III and only during the crushing season 2018­19 they have been shifted to the Cane Purchase Centre No.3/Chaparchidi, District Saharanpur. It is submitted that the Cane Purchase Centre at Chaparchidi is at a much greater distance than the Cane Purchase Centre, Islam Nagar causing inconvenience to the cane growers of Village Manakpur. Placing reliance on Clause 5(5) of the U.P. Sugarcane Supply and Purchase Order, 1954, it is sought to be contended that the dispute as to whether a particular system adopted for the purchase of cane is equitable or not is to be referred to the Cane Commissioner and accordingly the representation dated 05.11.2019 submitted by the petitioner may be decided in terms thereof.


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