- (1.) This is a writ petition filed by the petitioner-Sugar Mill seeking quashing of the order dated 23.1.2015 with a further prayer that the sugar cane centers Dalhedi-II and Sirsali-I be allotted to the petitioner and respondent no.4 be restrained from purchasing sugarcane from these cane centers.
(2.) The case of the petitioner, briefly stated, is that Dalhedi-II and Sirsali-I were reserved in favour of the petitioner through Reservation Order dated 18.10.2014 passed by the Came Commissioner, U.P. Lucknow. After assignment of these two cane centers to the petitioner mill, it was purchasing sugarcane from these centers. In the meantime aggrieved by the order of the Cane Commissioner dated 18.10.2014 the respondent no.4 filed appeal no.33 of 2014, which has been allowed by the Special Secretary, Government of U.P. by order dated 23.1.2015. It is stated that the Cane Commissioner by his order dated 11.10.2014 notified the sugarcane requirement of the petitioner mill at 151.84 lac quintals. Reservation Order was passed by the Cane Commissioner and only 188.49 lac quintals of sugarcane was reserved for the petitioner-mill and assigned at the drawal rate of 81%. The petitioner filed appeal no.27 of 2014 for modification of the Reservation Order by which the cane centre of the petitioner namely Baduli Chandpur-Sahji and Badgon-II had been assigned to the Kisan Sahkari Chini Mill Ltd. Nanauta, Saharanpur, respondent no.4. The respondent no.4, also aggrieved by the Reservation Order dated 18.10.2014 assigning Dalhedi-II and Sirsali-I sugarcane center to the petitioner, had filed appeal no.33 of 2014. Both the appeals were decided by the common order dated 23.1.2015. The petitioner's appeal no.27 of 2014 has been rejected and appeal no.33 of 2014 filed by the respondent no.4 has been allowed and the sugarcane centers of Dalhedi-II and Sirsali-I have been withdrawn from the petitioner and assigned to the respondent no.4.
(3.) I have heard Sri S.D.Singh, learned Senior Counsel assisted by Sri Diptiman Singh for the petitioner, Sri Ravindra Singh, learned counsel for the respondent no.4 and Sri Mata Prasad, learned Additional Chief Standing Counsel for the respondent no.1 to 3.;