- (1.) The question of facts and law involved in both the abovementioned writ petitions are common and hence both the writ petitions are being disposed of by single common Judgment. However, Writ Petition No. 775 (M/B) of 1997 "Agauta Sugar and Chemicals v. State of U. P. and others" shall be the leading case.
(2.) Agauta Sugar and Chemicals, by means of the Writ Petition bearing No. 775 (M/B) of 1997, has prayed for issuance of a writ in the nature of certtorari quashing the impugned recovery certificate dated 13.2.1997 issued by the Cane Commissioner. U. P. Lucknow and the recovery citation dated 21.2.1997 issued by the Tehsildar, Bulandshahr contained in Annexures-6 and 7 to the writ petition. The petitioner also prayed for issuance of a writ in the nature of mandamus commanding the respondent not to adopt coercive method of recovery against the petitioner on the basis of recovery certificate dated 13.2.1997 and recovery citation dated 21.2.1997.
(3.) The petitioner holds an industrial licence for running a sugar factory, which commenced production of sugar from sugar season 1994-95. The Cane Commissioner has reserved the cane centres for crushing the cane and manufacturing the sugar.;