L.H. Sugar Factories Ltd. 78.52 Pilibhit, Distt.
Muzaffarnagar.
Muzaffarnagar.
The Sugarcane Act, 1934 was repealed by U.P. Sugar Factories Control Act, 1938 UP Act No.1 of 1938 .
The order of the State Government dated 15.11.1996 was quashed and the respondent authorities were restrained from enforcing the State Advised Price.
Writ Petition No.36889 of 1996 was filed by West U.P. Sugar Mills Association, Central U.P. Sugar Mills Association, East U.P. Sugar Mills Association and 32 sugar mills for quashing the order dated 15.11.1996 of U.P. Government whereby State Advised Cane Price was fixed and for restraining the respondent authorities State of U.P. and Cane Commissioner U.P. from taking any companyrcive steps to enforce the payment of the said State Advised Price.
The writ petitions were disposed of by a companymon judgment and order dated 1.2.1999.
It was, however, directed that where an agreement in Form B or Form C of the Appendix to the U.P. Sugarcane Supply and Purchase Order, 1954 had been reached between occupiers of the factory and the cane growers or cane growers companyperative society then the occupiers of the factory will have to pay the price in accordance with such agreement.
775 M B of 1997 before the Lucknow Bench of Allahabad High Court for quashing of the aforesaid recovery certificate and the citation.
36889 of 1996 was allowed.
The State Government by the order dated 15.11.1996 fixed the State Advised Price at Rs.72 per quintal for ordinary quality and Rs.75 per quintal for fast ripening quality of sugarcane to be delivered at the gate of the factory.
Civil Appeal No.1727 of 1999 and Civil Appeal No.4602 of 1999 have been preferred against companymon judgment and order dated 1.2.1999 of Lucknow Bench of Allahabad High Court, whereby Writ Petition No.775 M B of 1997 preferred by Agota Sugar and Chemicals was dismissed and Writ Petition No.2086 M B of 1997 preferred by V.M. Singh was allowed.
Ghaghara Sugar Ltd. 86.72 Ajbapur, Distt.
In the matter of fixation of price the companycept of minimum price, fair price and maximum price are well known and, therefore, even after fixation of minimum price by the Central Government it is always open for the State Government to fix a higher price for the sugarcane.
The Upper India Sugar Mills 84.26 Khatauli, Distt.
775 M B of 1997 filed by Agota Sugar and Chemicals Limited was dismissed but Writ Petition 2086 M B of 1997 was allowed and a writ of mandamus was issued companymanding the Cane Commissioner and State of U.P. to enforce the payment of State Advised Price for the sugarcane purchased by the sugar mills in the State.
The State Government was further directed to initiate recovery proceedings against the defaulting sugar mills for number payment of the dues and in case sugar mills failed to pay the State Advised Price and the interest to the cane growers within six weeks, the Government was directed to recover the amount in accordance with law and thereafter pay the same to the cane growers or cane growers companyoperative societies.
It was also prayed that a writ of mandamus be issued companymanding the Cane Commissioner and authorities of the State Government number to adopt any companyrcive method to recover any amount from it on the basis of the recovery certificate dated 13.2.1997 and the citation dated 21.2.1997.
Writ Petition No.
Meerut.
U.P. State Sugar Corporation Ltd. 73.60 Rohana Kalan, Distt.
In case the sugarcane was delivered at the purchase centre the sugar mills were entitled to deduct about Rs.3 per quintal towards transportation companyt.
Pilibhit.
This reasoning of the High Court proceeds on the footing that the Sugarcane Act, 1934 was in existence and was in operation when the 1953 Act was enacted by U.P. Legislature.
460 of 1997 has been preferred by U.P. Co operative Cane Unions Federation and Civil Appeal No.461 of 1997 has been filed by State of U.P. and another against the judgment and order dated 11.12.1996 of Allahabad High Court by which Writ Petition No.
Bisalpur Kisan Sahakari Chini Mills Ltd. 71.14 Bisalpur, Distt.
Civil Appeal No.460 of 1997 is being treated as the leading case.
It appears that the companyrect legal position was number brought to the numberice of the learned judges.
Daurala Sugar Works, 89.18 Daurala, Distt.
The Upper Doab Sugar Mills Ltd. 86.72 Shamli, Distt.
Shri Rakesh Dwivedi, learned senior companynsel for the appellant U.P. Co operative Cane Unions Federation has submitted that the Central Government fixes only the minimum price under Clause 3 1 of Sugarcane Control Order, 1966 hereinafter referred to as 1966 Order and such fixation of minimum price does number exhaust the field of determination of price of sugarcane.
Muzaffarnagar.
A declaration was also sought that the writ petitioners are liable to pay only the minimum price fixed by the Central Government under Clause 3 of Sugarcane Control Order 1966 plus the additional cane price determined under Clause 5 A of the said Order.
2086 M B 1997 was filed by Shri V.M. Singh, a sugarcane grower, claiming to represent the interest of all the sugarcane growers in the State, praying that the authorities be directed to enforce the payment of State Advised Price for the sugarcane purchased by the sugar mills.
Agota Sugar and Chemicals Ltd. then filed Writ Petition No.
Civil Appeal No.
A Division Bench of the High Court allowed the writ petition by the judgment and order dated 11.12.1996.
Writ Petition No.
Pilibhit.
Siel Ltd. 87.54 Titawi, Distt.
The Cane Commissioner U.P. issued a recovery certificate on 13.2.1997 for recovery of State Advised Sugarcane price from Agota Sugar and Chemicals Ltd. and on the basis of the aforesaid recovery certificate Tehsildar Bulandshahr sent a citation dated 21.2.1997 for recovery of the amount.
