- (1.) THE petitioner, sugar cane grower is seeking mandamus to the respondents to allot and attached Sugar Cane purchasing centre, Lahilwara and Barhata, Maharajganj, Circle Block Kaptanganj, Tehsil Harriya, district Basti to Sugar Mill Moti Nagar, Masaudha, Faizabad for purchasing the sugar cane.
(2.) SRI Ravindra Singh, learned counsel appearing on behalf of respondent no.5 states that under Section 15 of U.P. Sugarcane (Regulation of Supply and Purchase) Act, 1953 read with Rule 22 of U.P. Sugarcane (Regulation of Supply and Purchase) Rules, 1954, the Cane Commissioner prescribes the reserved area after consulting the factory and Cane Growers Cooperative Society. Section 16 (2) (b) of the Act provides that without prejudice the generality of foregoing powers such order may provide for the manner in which cane grown in the reserved area or the assigned area, shall be purchased by the factory for which the area has been so reserved or assigned and the circumstance in which the cane grown by a cane -grower shall not be purchased except through a Cane -growers' Co -operative Society. He also referred order 5 (6) of The U.P. Sugarcane Supply And Purchase Order, 1954, which provides that no person other than a cane -grower or Cane Grower's Co -operative Society shall sell cane to the occupier of factory. Therefore, the grievance of the individual cane grower can not be entertained as it would be impossible for the Cane Commissioner to issue notice to all individuals and to notify area after consulting the individual cane grower. If petitioner is a member of any recognized co -operative society, the petitioner can address his grievance through such co -operative society and the individual grievance can not be entertained.
(3.) RELIANCE has been placed on Division Bench decision of this Court in Writ Petition C No.2075 of 2014, Satnaam Vs. State of U.P. through Secy. and 8 others, decided on 15.01.2014 and another Division Bench decision of this Court in Public Interest Litigation (PIL) No.1081 of 2013, Dharam Veer Singh and others Vs. State of U.P. thru. Secy. and others, decided on 09.01.2013, wherein it has been held that grievance can be addressed only by the Sugarcane Co -operative Society. We find substance in the argument of learned counsel for the respondent.;