Court No. - 29
Case :- WRIT - C No. - 39907 of 2019 Petitioner :- Co Operative Cane Development Society Ltd And Another Respondent :- State Of U.P. And 06 Others Counsel for Petitioner :- Dhananjay Kumar Mishra Counsel for Respondent :- C.S.C.,Diptiman Singh,Rohan Gupta
Hon'ble Pankaj Mithal,J. Hon'ble Vipin Chandra Dixit,J.
Heard Sri D.K. Mishra, learned counsel for the petitioners, learned Standing counsel, Sri Ravindra Singh for respondents no. 3 and 5, Sri Naveen Sinha, Senior counsel assisted by Sri Rohan Gupta for respondent no. 4 and Sri Deeptiman Singh who has appeared for respondent no. 7.
The Co-operative Cane Development Society through its Chairman and its Chairman have jointly preferred this petition challenging the order of reservation passed by the Cane Commissioner under Section 15 (1) of the Uttar Pradesh Sugar cane (Regulation of Supply and Purchase) Act, 1953.
The petitioners were given time to produce the resolution of the Co-operative Cane Development Society authorizing its chairman to file this petition but no such resolution has been produced.
This apart, as the challenge in the petition is to the order of reservation passed by the Cane Commissioner under Section 15 (1) of the Act, if the petitioners are aggrieved by the aforesaid order, they have a remedy to file an appeal before the State Government as provided under Section 15 (4) of the Act.
In view of the aforesaid facts and circumstances, we decline to exercise our discretionary jurisdiction in the matter.
The petition is dismissed with liberty to the petitioners to avail the alternate remedy.
Order Date :- 18.12.2019 SKS