Court No. - 32
Case :- WRIT - C No. - 12044 of 2019 Petitioner :- Damodar Pandey Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Damodar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioner and learned standing counsel for the State- respondents.
The petitioner has filed the present petition stating that the petitioner is owner of a land on which Sugarcane has been sown and in terms of an agreement with the Union only four Parchis have been issued to the petitioner whereas the harvest of the petitioner far exceeds the purchases to be made by the Cooperative. The contention of the petitioner is that despite request, the Sugarcane of the petitioner is not being purchased by the Society and about 15 trailer of Sugarcane are lying which are likely to be ruined in the event, the same are not purchased by the Society.
Counsel for the respondents on the other hand, has placed before us, a copy of the Bonding Policy which provides for purchase of Sugarcane from the farmer and the manner in which the Slips shall be issued to each farmer. There is nothing on record filed by the petitioner to demonstrate that any agreement had taken place in between the petitioners and the Cane Society giving right to the petitioner to claim the Slips as mentioned in the writ petition.
At the bar, it is stated that during the pendency of the writ petition, two Slips have been issued to the petitioner however, the rest of the Slips are not being issued despite requests. In the absence of any contract in between the farmer and the Cane Society of which the farmer is the Member, no directions can be issued by this Court.
Considering the hardship faced by the petitioner, we permit the petitioner to make a representation before the respondent no.4 as expeditiously as possible for supply of additional Slips and in the event such representation is made, the respondent no.4 is directed to pass a suitable order on the said application expeditiously preferably within a period of one month from the date of production of a certified copy of this order.
We clarify that we have not gone into the merits of the averments made in the writ petition and decision as directed, should be taken by the respondent no.4, the District Cane Officer, District Kushinagar expeditiously and independently in accordance with law.
The writ petition is disposed of in terms of the said order.
Order Date :- 29.4.2019 Hasnain