By the Court.—This writ petition has been filed by two share holders of Dwarikesh Sugar Industries having registered office at C-7, Ganga Vihar Colony, Dwarikesh Nagar, P.O. Medhpura Sultan, District Bijnor, challenging Sugar Policy of 2013 promulgated by State Government vide Principal Secretary, Sugar Industries and Cane Development Department’s letter dated 28.1.2013. It is contended that aforesaid policy is arbitrary inasmuch it causes discrimination in favour of new sugar industries vis-a-vis already established Units by granting extraordinary concessions to new Industries and putting existing Units in unequal competition with new industries, would cause huge loss to public exchequer. Reliance is placed on Col. A.S. Sangwan v. Union of India and others, 1980 (Supp) SCC 559 and State of Madhya Pradesh and others v. Mala Banerjee, (2015) 7 SCC 698.

2. Brief facts as pleaded in the writ petition are as under.

3. Two petitioners are share holders of M/s. Dwarikesh Sugar Industries Limited (hereinafter referred to as “Sugar Company”) Sugar Company is apparently engage