Arun Tandon, J. - (1.) Heard Sri S.P. Gupta Senior Advocate, assisted by Sri Vivek Chaudhary Advocate, on behalf of the petitioners, Sri Sudhir Chandra Senior Advocate, assisted by Bharti Sapru Advocate, on behalf of Respondent No. 4, Sri Atul Mehra Advocate on behalf of Respondent Nos. 5 and 6 as well as Learned Standing Counsel on behalf of Respondent Nos. 1, 2, 3, 7 and 8.
(2.) Petitioner DCM Shriram Industries Ltd. is a company incorporated under the Indian Companies Act, 1956. The said company has established a sugar factory known as Daurala Sugar Works, Daurala, district Meerut, which is engaged in manufacture of sugar through Vacuum Pan Process. Under orders of the Cane Commissioner, passed in exercise of powers under Section 15 of the U.P. Sugarcane (Regulation of Supply and Purchase) Act, 1953 (hereinafter referred to as 1953 Act) dated 8th October, 2004, the disputed (29+1) cane purchase centres were assigned in favour of the petitioner sugar factory, Being aggrieved by the said assignment in respect of (29+l) disputed cane purchase centres Respondent No. 4 Triveni Engineering and Industries Ltd. Unit Khatauli, which is also a sugar factory manufacturing sugar through Vacuum Pan Process, preferred an appeal under Section 15(4) of the 1953 Act before the State Government. The appeal was numbered as Appeal No, 6/36 of 20O4. The Special Secretary Chini Udhyog, Anubhag-3 by means of the order dated 22.2.2005 has allowed the appeal so filed by Respondent No. 4 and has set aside the order of the Cane Commissioner dated 8.10.2004 in so far as it pertained to the assignment of (29+1) disputed cane purchase centres in favour of the petitioners. It is against this. order of the State Government dated 22.2.2005, the present writ petition has been filed.
(3.) On behalf of the petitioner it is contended that for the crushing season 2003-04 estimated quantity of sugarcane required by the petitioner factory was fixed Under Section 12 of the 1953 Act by the Cane Commissioner at 135 lac quintals, which was much less than the actual requirement of the petitioner as the petitioner required 144 lac quintals of sugarcane for working of his sugar factory for a period of 180 days. Similarly, the (determination made under Section 12(2) by the Cane Commissioner for the crushing season 2003-2004 in favour of the Respondent No. 4 sugar factory was 171.91 lac quintals. The said determination was not subjected to any challenge by way of revision before the State Government under Section 12(3) of the 1953 Act. On the basis of the estimate of sugarcane required by the petitioner sugar factory so worked out, the Cane Commissioner passed the order of reservation/assignment in favour of the petitioner sugar factory; whereby the total sugarcane made available to the petitioner, with drawl percentage of 53%, worked out to 127.27 lac quintals. Petitioner therefore submits that still there is a an admitted short-fall of 7.63 lac quintals.;