- (1.) HEARD Sri Ravi Kant, learned Senior Advocate, assisted by Sri Tarun Agrawal, learned counsel appearing on behalf of the petitioner and Sri Ramesh Upadhyay, learned Chief Standing Counsel, appearing on behalf of the respondents.
(2.) THE petitioner is a Company, incorporated under the Indian Companies Act, 1956 and running three units for the manufacturing of crystal sugar at Dwarikesh (Bundki), Post -Medhpura Sultan, Tehsil -Nagina, District Bijnor. The Company has its own distillery, having small capacity, in which some quantity of Molasses, produced by the Company, is being utilised towards its captive consumption whereas the major portion of Molasses produced by the company is being sold in the open market as per the direction of the respondent no.1. In exercise of power, under Section 8 of the U.P. Sheera Niyantran Adhiniyam, 1964, the State Government has introduced a Molasses Policy dated 14th August, 2104. The policy is Annexure -1 to the writ petition. Clause 2(1) of the policy provides that 34% of the Molasses produced shall be reserved. Clause 4(b) provides that if the Mill does not receive any offer or proposal from the distillery, then, the Controller will have the power to declare such quantity of Molasses as unreserved.
(3.) LEARNED counsel for the petitioner submitted that in the year 2013 -14, reserved quantity of Molasses has been allotted to the distillery, but such allottee distillery could not lift the Molasses and the same is being stored in a tanker. New crushing season has now begun and a fresh quantity of Molasses will be produced as a bye -product of the sugar, which will also require space for storage. In the facts and circumstances, the petitioner moved an application to the Commissioner to de -reserve the stored quantity of Molasses for the year 2013 -14 and permit the petitioner to dispose of the same. Said representation, dated 8th September, 2014, is annexed as Annexure -8 to the writ petition. Grievance of the petitioner is that till date, no order has been passed on the representation of the petitioner. By means of the present petition, the petitioner is seeking the direction to the Controller to dispose of the representation of the petitioner within the time bound period. Sri Ramesh Upadhyay, learned Chief Standing Counsel, submitted that in view of Clause 14 of the policy, on the receipt of the application/representation of the petitioner for disposal of the balance unsold reserved category of Molasses for the purposes of captive consumption or free -sale, the Controller, after taking the decision, will refer the matter to the State Government for final decision. In pursuance thereof, the Controller has referred the matter to the State Government vide letter dated 6th December, 2014. The copy of the said letter is produced before us. He requested that since the matter has already been referred by the Controller, let direction be issued to the respondent no.1 to take the decision within the time bound period.;