ORDER

C.S.P. Singh, J. - The Petitioner owns a diesel power crusher and it is averred that he has been using this power crusher for manufacture of gur from sugarcane cultivated from his fields. The area in which the Petitioner has his holding lies in an area reserved for the Upper India Chini Mills Khatauli. It has, however, been stated that the supplies to the factory from the reserved area are not affected by the Petitioner's working his power crusher. On the 5th October 1971, a letter was received by the Petitioner from the Assistant Sugarcane Commissioner, Saharanpur asking him to apply for a licence for crushing his sugar-cane in coming season. It also stated that the Petitioner had already a licence for crushing his sugar-cane for the year 1970-71. Subsequently by letter dated 23-12-1971 sent by the Up Ganna and the Up Chini Ayogh, who was also the Licensing Authority, the Petitioner was informed that on account of the fact that the village of the Petitioner was situated within a radius of ten miles of the reserved area of the Upper India Chini Mills, Khatauli, it would not be in public interest to grant a lioence inasmuch as it would have an adverse effect on the fulfillment