R.H.Zaidi, J. - (1.) Heard learned counsel for the parties and perused the record.
(2.) By means of the instant writ petition under Article 226 of the Constitution of India, the petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 21.5.97, passed by the Special Secretary (Sugar). State of U. P.. Lucknow dismissing the appeal filed by the petitioner against the order dated 19.11.96, passed by the Cane Commissioner, U. P., Lucknow and allowing the appeal filed by the respondent No. 3 against the order dated 9.11.96 under U. P. Sugarcane (Regulation of Supply and Purchase) Act. 1953 (for short the Act).
(3.) It appears that the Cane Commissioner. U. P.. Lucknow vide his order dated 9.11.96 in exercise of power under Section 15 of the Sugarcane Act reserved area including purchase centres, i.e., Bhora Kalan, Hadauti, Bhora Khurd and Sisouli/Mundbhar of Distt. Muzaffarnagar, U. P. to the respondent No. 3. Vide order dated 19.11.96, the Cane Commissioner permitted the petitioner to purchase sugarcane from the said centres from willing canegrowers which were situated in the reserved area of respondent No. 3. The petitioner filed an appeal challenging the validity of the order dated 9.11.96 while respondent No. 3 filed an appeal challenging the validity of the order dated 19.11.96 under sub-section (4) of Section 15 of the Act. Since the parties and subject-matter in dispute were common, both the aforesaid appeals were consolidated and heard together. The appeal filed by the respondent No. 3 was allowed and appeal filed by the petitioner was dismissed by the respondent No. 1 vide its order dated 21.5.97 challenging the validity of the said order as stated above, present writ petition has been filed by the petitioner.;