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2000 Supreme(All) 562

O.P.GARG, M.C.JAIN
SIMBHAOLI SUGAR MILLS LTD. , SIMBHAOLI – Appellant
Versus
APPELLATE AUTHORITY – Respondent


Advocates Appeared:
KRISHNA MURARI KUMAR, S.P.GUPTA, TARUN AGARWAL, VINIT SAREN

M. C. JAIN, J.

( 1 ) THERE is a spate of writ petitions every year involving and concerning the provisions of U. P. Sugarcane (Regulation of Supply and Purchase) Act, 1953 (hereinafter referred to as "the Act") and U. P. Sugarcane (Regulation of Supply and Purchase) Rules, 1954 (for short "the Rules") framed in exercise of powers conferred by Section 28 of the Act, in one form or the other. The present two writ petitions belong to the same category.

( 2 ) WRIT Petition No. 53340 of 1999 has been filed by Simbhaoli Sugar Mills against six respondents, but the main contest is between the petitioner and respondent No. 3-Agauta Sugar and Chemicals. By means of this petition the petitioner has challenged the validity and legality of the order dated 10-12-1999 passed by the appellate authority (respondent No. 1) under Section 15 (4) of the Act (Annexure 1 to the writ petition) read with Rule 23 of the Rules, dismissing the petitioners appeal against the reservation order dated 25-10-1999 passed by respondent No. 2-Cane Commissioner (Annexure 5 to the writ petition ). The case of the petitioner is that it is engaged in the manufacture and sale of sugar. Its case is that its present crushi



























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