ARUN TANDON,RAJIV JOSHI,J. - (1.) The short question involved in this petition is as to whether the order of Cane Commissioner dated 24.8.2017 refusing to grant the certificate in favour of the writ petitioner-Shanti Sugar Industries qua its Khandsari Unit situate in village Karimnagar (Uledha), is not within the reserved area of a sugar mill, is correct or not ?
(2.) We reproduce the order of the Cane Commissioner in extenso : ...[VERNACULAR TEXT OMITTED]...
(3.) It is recorded that under the reservation order for the year 2016 -17, dated 8.11.2016, village Karimnagar (Uledha) where Kandsari unit of the petitioner is situated is reserved area for Chini Mill Bilai. The fact so stated is disputed with reference to the order issued by the Cane Commissioner dated 8.11.2016 and it is contended that the order is based on misreading of the reservation order. It is stated that areas covered by Purchase Centres Udela IInd and Udela Ist, district Bijnor are mentioned at serial no. 55 and 63 respectively of the Part 1(B) of the reservation order as the assigned areas of Upper Ganges Sugar and Industries Limited (mill Sehohara). There is a specific note that these sugar cane purchase centres have been so assigned from the area of Bilai Chini Mills i.e. the Sugar Mills established by respondent no. 4.;