Point of law: position which emerges is that in terms of the provisions for under the Act, 1953 and the Rules, 1954 an elaborate mechanism is provided for reservation and assignment of cane areas to sugar factories in order to regulate the supply and purchase of sugarcane in their area

JUDGMENT

Dr. Yogendra Kumar Srivastava, J.

1. Present writ petition has been filed praying for the following reliefs:

“a. Issue a writ, order or direction in the nature of certiorari quashing the order dated 12.04.2019 passed by the respondent no.3 (Annexure No. 8 to this writ petition).

b. Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to decide the representation dated 05.11.2019 submitted by the petitioner as per Rule 5(5) of U.P. Sugarcane Supply and Purchase Order, 1954 (Annexure No.9 to this writ petition) in accordance with law.

c. Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to assign the collection center of sugarcane of the petitioner as it was prior to year 201819 to 4/Islam Nagar III instead of 3/Chaparchidi, Saharanpur Cane Circle, District Saharanpur.

d. Issue any other writ, order direction as this Hon'ble Court may deem fit to issue considering the facts and circumstances of the case.”

2. The petitioner claiming himself to be a resident of Village Ambehata Peer, District Saharanpur and a sugarcane farmer having his agricultural land in Village Manakpur, has filed the present writ petition, principally seeking to raise a grievance with regard to the attachment of his cane area to Cane Purchase Centre at Chaparchidi. In this regard the petitioner claims to have submitted a representation dated 05.11.2019 before the District Sugarcane Officer, Saharanpur. He also seeks to challenge the order dated 12.04.2019 passed by the Deputy Cane Commissioner, Saharanpur whereunder an earlier representation filed by the petitioner and certain other cane growers of the area with regard to the same grievance has been decided.

3. Contention of the learned counsel for the petitioner is that the cane growers of Village Manakpur have been supplying their sugarcane in previous years at the Cane Purchase Centre Islam Nagar bearing Center Code No.4/Islam NagarIII and only during the crushing season 201819 they have been shifted to the Cane Purchase Centre No.3/Chaparchidi, District Saharanpur. It is submitted that the Cane Purchase Centre at Chaparchidi is at a much greater distance than the Cane Purchase Centre, Islam Nagar causing inconvenience to the cane growers of Village Manakpur. Placing reliance on Clause 5(5) of the U.P. Sugarcane Supply and Purchase Order, 1954, the Order, 1954 it is sought to be contended that the dispute as to whether a particular system adopted for the purchase of cane is equitable or not is to be referred to the Cane Commissioner and accordingly the representation dated 05.11.2019 submitted by the petitioner may be decided in terms thereof.

4. Sri Manoj Kumar Kushwaha, learned counsel for the State respondents and Sri Ravindra Singh, learned counsel appearing for respondent no.4 have raised an objection to the maintainability of the writ petition at the behest of an individual cane grower and they submit that any grievance in this regard can be raised through the Canegrowers' Cooperative Society of the area in question. They submit that the writ petition filed by the petitioner claiming himself to be a sugarcane grower of the area is misconceived and is liable to be dismissed.

5. Heard learned counsel for the parties and perused the record.

6. The regulation of supply and purchase of sugarcane in the State of Uttar Pradesh is governed in terms of the provisions contained under the Uttar Pradesh Sugarcane (Regulation of Supply and Purchase) Act, 1953, the Act, 1953 and the rules made thereunder namely the Uttar Pradesh Sugarcane (Regulation of Supply and Purchase) Rules, 1954, the Rules, 1954.

7. The aforementioned Act, 1953 and the Rules, 1954 contain detailed and elaborate provisions regarding supply of the sugarcane by the cane growers, its purchase by the sugar factories and payment of price thereof. In terms of the scheme of the Act, 1953, a mechanism is provided for ensuring the required continuous supply of sugarcane