CO-OPERATIVE CANE DEVELOPMENT Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2017-12-56
HIGH COURT OF ALLAHABAD
Decided on December 21,2017

Co-Operative Cane Development Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

ARUN TANDON,J. - (1.) Heard Mr. H.R. Mishra, learned Senior Advocate assisted by Mr. Ajay Kumar Sharma, on behalf of the petitioner, Mr. Manish Goyal, learned Additional Advocate General on behalf of the State and Mr. Ravi Kant, learned Senior Advocate assisted by Mr. Tarun Agarwal, learned counsel on behalf of newly impleaded U.P. Sugar Mills Association which represents the private Sugar Mills in U.P.
(2.) In this bunch of writ petitions, the principal prayer made is for quashing of the Notification dated 12.6.2015 declaring it ultra vires and unconstitutional. The Notification dated 12.6.2015 is for amendment in Rule 49 of the UP Sugarcane (Regulation of Supply and Purchase) Rules 1954 (hereinafter referred to as the 'Rules'). Writ Petition No. 22331 of 2016 and Writ Petition No. 22329 of 2016 have been filed by the cane growers cooperative societies which are registered under U.P. Cooperative Societies Act, 1912 whereas Writ Petition No. 48530 of 2016 has been filed by one Shashank Chaudhary and Another being Chairman of Cooperative Cane Development Society Ltd., Mohiddinpur, District Meerut.
(3.) The petitioners have also challenged the Government Order dated 5.2.2016 whereby cane co-operative society's commission has been fixed at the rate of Rs. 3/- per quintal for the crushing season 2015-16.;


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