Hon’ble Amitava Lala, J.—The petitioner is a sugar mill in the State challenging the U.P. Sugar Undertakings (Acquisition) (Amendment) Act, 2009 as ultra-vires and other prayers prohibiting the respondents from proceedings against the property of the petitioner, which was not covered under the order dated 10.4.1972 and consequently adopted under the acquisition proceedings dated 28.10.1984 to the benefit of the respondent No. 6. The State Government has no jurisdiction to sell the Saharanpur unit of U.P. State Sugar Corporation as came to be vested in the corporation. Call for the records and quash the decision of the State inclusive of proceedings for sell and other consequential effects.

2. At the threshold the State has raised preliminary point by saying that the writ petition is not maintainable in view of the fact that U.P. Sugar Undertakings (Acquisition)(Amendment) Act, 2009, has already declared as intra-vires by a Division Bench of this Court Chini Mill Karamchari Sangh v. State of U.P. and others, 2010(3) ADJ 721 (DB).

3. We have gone through the operative part of the order of the Division Bench which is as follows :

“In the result both the writ petitions are partly