VIPIN CHANDRA DIXIT,J. - (1.) The petitioner J.H.V. Sugar Ltd. is a company incorporated and registered under the Companies Act, 1956 and is running a sugar mill at Gadaura, Tehsil Nichlaul, District Maharajganj.
(2.) The aforesaid sugar mill since 1999 has been allotted sugarcane area for the supply of the sugarcane for each crushing season. It has a crushing capacity of 4500 TCD.
(3.) The aforesaid sugar mill has been allotted sugarcane area for each of the crushing season from 2000-01 till 2014-15. In 2015-16 no allotment was made in its favour due to labour problem. Thereafter, sugarcane area was again allotted to it in the year 2016-17 and 2017-18. In the crushing season 2018-19 again the said mill had not functioned and as such no allotment was made. In the present writ petition the petitioner has raised dispute regarding allotment of sugarcane area for the crushing season 2019-20. It has filed the writ petition seeking a direction upon the respondent No.2 i.e. the Cane Commissioner, U.P. Lucknow to allot sugarcane area to its aforesaid mill for the year 2019-20 as per its crushing capacity. Sri Shakti Swarup Nigam, Senior Counsel assisted by Sri Alok Kumar Srivastava, who appears for the petitioner has raised two points in support of the relief claimed in the petition. ;