M/s. Avn Tubes Ltd VS. Shishir Mehta

Extract

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M/s. Avn Tubes Ltd VS. Shishir Mehta

The Judgement Information System CASE NO.: Appeal (civil) 5543 of 2004

PETITIONER: Kisan Sahkari Chini Mills Ltd. & Ors RESPONDENT: Vardan Linkers & Ors DATE OF JUDGMENT: 15/04/2008

BENCH: R. V. Raveendran & Lokeshwar Singh Panta JUDGMENT: J U D G M E N T

REPORTABLE

CIVIL APPEAL NO. 5543 OF 2004

W I T H

CIVIL APPEAL NO. 5544 OF 2004 State of Uttaranchal Versus Vardan Linkers & Ors.

A N D

CIVIL APPEAL NO. 5545 OF 2004 Doiwala Sugar Company Ltd. & Anr.

Versus Vardan Linkers & Ors.

Lokeshwar Singh Panta, J.

These appeals by special leave filed by Kisan Sahkari Chini Mills Limited, Sitarganj, Gadarpur and Nadehi [Civil Appeal No. 5543/2004], State of Uttaranchal [Civil Appeal No.

5544/2004], and Doiwala Sugar Company Limited and Kichha Sugar Company Limited [Civil Appeal No. 5545/2004] are directed against the final judgment and order dated 28-7-2004 passed by the Division Bench of the High Court of Uttaranchal in Writ Petition No. 318/2004 filed by Vardan Linkers, a proprietary concern of B.B. Singh, first respondent in these appeals. By the impugned judgment, the High Court allowed the said writ petition and quashed the order dated 24.4.2004 of the Secretary, Cane Development and Sugar Industries, whereby the order dated 26.03.2004 of the Assistant Cane Commissioner, Udham Singh Nagar, granting permission to the first respondent to lift 85,000 quintals of molasses from the five sugar mills at a price of Rs.127/- per quintal was cancelled.

Factual Background : 2. It is stated that there are six State controlled sugar mills in the State of Uttaranchal, which produce molasses as a bye- product. Of them, two mills - Doiwala Sugar Company Limited and Kichha Sugar Mills Limited - are Government Companies.

The other four are in the co-operative sector, namely, Kisan Sahkari Chini Mills Limited at Nadehi, Gadarpur, Sitarganj and Bhajpur. Sale of molasses produced by these six sugar mills was controlled through the Molasses Sales Committee constituted by the State Government vide order dated 25.3.2003, with the following nine Members: (i) Commissioner, Kumaon Mandal, Nainital - Chairman (ii) District Magistrate, Udham Singh Nagar - Member (iii) Six General Managers of the four Cooperative Sugar Mills and two Sugar Companies - Members (iv) Assistant Cane Commissioner, Udham Singh Nagar - Secretary The said order made it clear that molasses of the six sugar mills shall be sold only through the said Committee. The State Gov...

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