Rai Bahadur Narain Singh Sugar Mills Ltd. v. State of Uttaranchal
2002-01-23
P.C.VERMA
body2002
DigiLaw.ai
JUDGMENT P.C. Verma, J. 1. This petition has been filed by the petitioner seeking writ of mandamus to command the State Government to dispose of the appeal filed by the petitioner as the appeal under Section 15 (4) of U.P. Sugarcane (Regulation of Supplies and Purchases) Act, 1953 is pending and due to non-disposal of the appeal, the petitioner is suffering irreparably as the petitioner is not able to leave the sugarcane from the disputed sugarcane purchasing centers which ought to have been reserved in favour of the petitioner. Whether a particular center is to be reserved in favour of the petitioner is a question of fact to be considered and decided after taking into account the factor enumerated in Rule 22 of U.P. Sugarcane (Regulation of Supplies and Purchases) Rules, 1954 which can be done by the Cane Commissioner and can be re-examined in appeal by the appellate authority. 2. In view of the fact that crushing season is going on, therefore, the appeal of the petitioner and other connected appeals therewith shall be decided by the State Government of Uttaranchal within 15 days from the date of production of a certified copy of this order. 3. The petition is disposed of finally with the aforesaid observation.