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2010 Supreme(All) 1134

DEVI PRASAD SINGH
SIMBHOLI SUGARS LTD. – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Raghvendra Kumar Singh, Dhruv Mathur for the Petitioner;H.P. Srivastava, Addl.C.S.C., Dr. R.K. Srivastava, Sunil Sharma, K.S.Pawar for the Respondents.

JUDGMENT

Hon’ble Devi Prasad Singh, J.—It has been admitted at bar that except different cane purchase centres, the factory as well as the question of law and fact in both these writ petitions are same hence, are decided by the common judgment. The Writ Petition No. 581 (M/S) of 2010 is taken as leading petition.

2. The petitioner, Simbholi Sugars Ltd., (Unit Brajnathpur), District Ghaziabad, a Company incorporated and registered under the Companies Act, 1956, is engaged in manufacture of white crystal sugar through vacuum pan process at Brajnathpur, District Ghaziabad having crushing capacity of 4000 TCD. It has been alleged that the actual cane requirement of the petitioner Sugar Mill is 72 lakh quintal. The respondent No. 4 is also a sugar mill situated at village Bhandoria, District Bulandshahr. The working area of both, the petitioner Sugar Mill and the respondent No. 4 Sugar Mill, seems to overlap the area and the cane purchase centres allotted to them, have been the question for controversy from time to time.

3. The present controversy relates to 8 cane purchase centres namely, Sherpur, Partapur, Khangawali, Saidpur, Kisola-I, Kisola-II, Hazipur-I and Hazipur-II. All these ca











































































































































































































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