Court No. - 29
Case :- WRIT - C No. - 40101 of 2019 Petitioner :- Ram Nayan Yadav And Another Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Siddhartha Srivastava,Pradeep Kumar Counsel for Respondent :- C.S.C.,Ravindra Singh
Hon'ble Pankaj Mithal,J. Hon'ble Vipin Chandra Dixit,J.
Heard Sri Pradeep Kumar, learned counsel for the petitioners, learned Standing counsel, Sri Ravindra Singh for respondent no. 5 and Sri Deeptiman Singh who has put in appearance for respondent no. 6.
The petitioners are farmers. By means of this writ petition they want quashing of the order dated 11.11.2019 passed by respondent no. 3 Cane Commissioner U.P. Lucknow allotting Cane Centers for supply of Sugar cane to the farmers.
The matter regarding allotment of Cane Centers to the farmers was dealt with by a Division Bench of this Court in which one of us (Pankaj Mithal,J) was also a member in writ petition no. 38234 of 2019 (Akram Khan and another Vs. State of U.P., and 3 others). In the said writ petition it was held that the petition for disputing the allotment of cane centers at the behest of individual farmer is not maintainable, in as much as, they have to be represented by the Sugar Cane Co-operative Society.
In view of the above decision, the writ petition is not maintainable. Moreover, for allotment of cane centers is an order passed under Section 15(1) of the Uttar Pradesh Sugar Cane (Regulation of Supply and Purchase) Act, 1953 which is appealable under Section 15 (4) of the Act.
In view of both the above reasons we decline to exercise our discretion in the matter and the writ petition is dismissed.
Order Date :- 17.12.2019 SKS