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2017 Supreme(All) 307

V.K.SHUKLA, MAHESH CHANDRA TRIPATHI
RASHTRIYA KISAN MAZDOOR SANGATHAN (REGD) – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
V.M. Singh (In Person) for the Petitioner; C.S.C., Diptiman Singh, Anoop Trivedi, Ravi Kant, Tarun Agarwal, J.N. Mathur and Anurag Singh for the Respondents.

JUDGMENT

Hon’ble V.K. Shukla, J.—Apart from other issues, the pivotal issue raised/canvassed and to be answered is as to whether the power to waive the interest on delayed payment of Cane price for the season 2012-13; 2013-14 and 2014-15 has been rightly exercised under the 1953 Act, by the Cane Commissioner with the approval of the State Government.

Rashtriya Kishan Mazdoor Sangathan has been espousing cause of the farmers for ensuring payment of balance cane dues alongwith statutory interest.

2. This Court after hearing the parties vide its order dated 9.1.2014 held that payment of interest for delayed payment was a right and not bounty and directed payment of the cane dues inclusive of interest within a period of 3 weeks. The relevant portion of the order is reproduced as under for ready reference:

“In the counter-affidavit which has been filed by the State, it has been stated that the statutory provisions of Section 17(3) of the U.P. Sugar Cane (Regulation of Supply and Purchase) Act, 1953 providing for payment of interest on the delayed payment of sugarcane price is subse




















































































































































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