Judgment

HEGDE, J.: This appeal by certificate arises from the decision rendered on 18th March 1968 by the Patna High Court in C. W. J. C. No. 816 of 1967. That was a petition filed by the appellant under Art. 226 of the Constitution praying inter alia, that the High Court may be pleased to quash the two orders made by the Cane Commissioner, Bihar on November 14, 1967 under which he excluded 99 villages from the area reserved by him in favour of the appellant under Cl. 6 of the Sugar Cane (Control) Order 1966 (to be hereinafter referred to as the order ) and included those villages in the area reserved in favour of New Siwal Mill (5th respondent in this appeal). The High Court dismissed that writ petition.

2. The appellant company was established in 1903. Though its sugar mill is in U. P., it used to draw its sugar canes requirement mainly from the neighbouring areas in Bihar State. The mill in question is within about 100 yards of the Bihar border. The appellant s case is that for the last over 30 years the 208 villages of Bihar, with which we are concerned in this appeal had been the principal source of its supply of sugarcane and that the Bihar authorities used to reserve those v