D.C.M SHRIRAM INDUSTRIES LTD. UNIT DAURALA SUGAR WORKS, DAURALA, DISTRICT MEERUT AND ANOTHER Vs. STATE OF U.P. AND OTHERS
LAWS(ALL)-2007-3-380
HIGH COURT OF ALLAHABAD
Decided on March 23,2007

D.C.M Shriram Industries Ltd. Unit Daurala Sugar Works, Daurala, District Meerut And Another Appellant
VERSUS
State of U.P. and others Respondents

JUDGEMENT

Amitava Lala, J. - (1.) According to the contesting parties, both the writ petitions are similarly placed and are connected with each other, therefore, both can be decided by a common judgement having binding effect upon both the matters.
(2.) In the first writ petition i.e. Civil Misc. Writ Petition No. 41886 of 2005 following prayers have been made: "i. To issue an appropriate writ, order or direction commanding the respondents to reserve the cane area for the petitioner proportionate to its crushing capacity on a long terms basis. ii. any other, writ order or direction as this Hon'ble Court may deem fit and just in the facts and circumstances of the case. iii. to award cost of the petition to the petitioner."
(3.) In the second writ petition i.e. Civil Misc. Writ Petition No. 76571 of 2005, the petitioner prayed for following reliefs: "A. That a direction may be given to the Central government-respondent no. 1 to frame a policy and or issue guidelines for fixation of drawl percentage at a uniform rate for same area, allotment of cane areas to sugar mills in a non discriminatory manner so that the area closer to a particular unit are granted to that unit on permanent basis besides guidelines for regulating de-reservation of cane area and allotment to new sugar factories in the state; B. To issue a writ or direction in the nature of Certiorari quashing of the order no. 26/C/Purchase/Reservation/ 05 8.10.2005 in respect of the petitioner and the order no. 29/C/Purchase/Reservation/06 dated 8.10.2005 in respect of the respondent no. 4 passed by the Cane Commissioner, U.P., Lucknow, to the extent the reservation orders reserving an area of 3149 Hectares comprised in 14 cane purchase centres of the petitioner to the respondent no. 4, contained in annexure no. 1 & 2 to the writ petition. C. To issue a writ or direction in the nature of Mandamus commanding the respondents to reserve the 14 cane centers in dispute in favour of the petitioner and/or to reserve the cane centers closer to its factory as detailed in paragraph no. 32 of the petition. D. To issue any other writ or direction which this Hon'ble court may deem just and proper in the circumstances of the case. E. To award the cost of the writ petition.";


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