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1997 Supreme(SC) 785

K.RAMASWAMY, G.B.PATTANAIK, S.SAGHIR AHMAD
Agauta Sugar And Chemicals – Appellant
Versus
State Of U. P. – Respondent


ORDER

Leave granted.

Application for impleadment allowed.

2. These appeals by special leave, arise from the judgment and orders of the Division Bench of the Allahabad High Court, made on February 27, 1997 and March 2, 1997 in C.M. Application No. 1255(W)/97 in Writ Petition No. 775 (MB)/97 and Writ Petition No. 775/MB/97.

3. It is not necessary to reiterate all the factual details. Suffice it to state that the appellant had used the sugarcane supplied by the cane growers individually or through the societies. As a consequence, we are informed, around Rs. 29 crores are in arrears for payment to the cane-growers. The Collector exercising the power of recovery proceedings had attached the sugar stock-in-hand; against that, the appellant filed a writ petition. Pending writ petition, the High Court has granted certain directions, which ultimately could not be complied with. Consequently, the interim directions stood vacated. Thus, these appeals by special leave.

Having heard the learned counsel on both sides, we think that the following order would meet the situation :

(1) The District Collector, Bulandshahar is directed to assess as to what is the quantum of the Sugar stock-in-hand wo





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