Vineet Saran, J. - (1.) The dispute in the present writ petition is with regard to the reservation of cane centre Memon, which has been carved out from the cane centre Hamidpur Makhan prior to the passing of the cane reservation order for this crushing season. For the current crushing season 2005-06, the cane reservation order for the Respondent No. 3-Sugar Mill was issued by the Cane Commissioner on 17.10.2005, whereby the new cane centre Memon was reserved in favour of said Respondent No. 3-Sugar Mill. The cane reservation order for the petitioner-Sugar Mill was issued by the Cane Commissioner on 18.10.2005 and the original cane centre Hamidpur Makhan remained reserved for the petitioner-Sugar Mill. Aggrieved by the order of reservation of new cane centre Memon in favour of Respondent No. 3-Sugar Mill, the petitioner filed Appeal No. 5(38)/2005 before the Respondent No. 1. By the order dated 31.1.2006 the Respondent No. 1 has dismissed the appeal of the petitioner and hence this writ petition.
(2.) Heard Sri Yashwant Verma, learned Counsel for the petitioner as well as learned Standing Counsel appearing for State-respondent Nos. 1 and 2; Sn A.K. Misra for contesting Respondent No. 3 and Sri Ravindra Singh for Respondent No. 4 - Cane Cooperative Society, Nazibabad. Counter and rejoinder affidavits have been exchanged between the contesting parties and with the consent of the learned Counsel for the parties, this writ petition is being disposed of at this stage.
(3.) The appeal of the petitioner has been dismissed merely on echnical ground that the petitioner did not challenge the reservation of cane centre Memon which was reserved in favour of Respondent No. 3-Sugar Mill by the cane reservation order dated 17.10.2005, whereas the only prayer made in the appeal was for inclusion of the said centre in the reserved area of the petitioner-Sugar Mill. The other ground for dismissing the appeal of the petitioner is that the new cane centre Memon had been carved out on the request of Respondent No. 3 and hence the same was rightly reserved in its favour.;