WPMS/2435/2021
2021 Latest Caselaw 4731 UK

     IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
      ON THE 24TH DAY OF NOVEMBER, 2021
                             BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

       Writ Petition (M/S) No. 2435 of 2021
BETWEEN:
Uttam Sugar Mills Ltd.                                      ...Petitioner
      (Mr. Piyush Garg, Advocate)

AND:

State of Uttarakhand and others                       ...Respondents
      (Mr. Pradeep Hairiya, Standing Counsel for the State/respondent nos.
      1 to 3, Mr. Manav Sharma, Advocate for respondent nos. 4 to 6 and
      Mr. Navneet Kaushik, Advocate for respondent no.8.)

                          JUDGMENT

Petitioner has challenged an order passed by Cane Commissioner, Uttarakhand under Section 15 (1) of U.P. Sugarcane (Regulation of Supply and Purchase) Act, 1953, (for short "the Act"), whereby order of assignment passed in favour of the petitioner on 08.11.2021 has been modified and certain purchase centres have been assigned to respondent nos. 7 and 8.

2. Since petitioner has a statutory remedy of filing an appeal under Section 15 (4) of the Act, therefore, this Court is not inclined to entertain this writ petition at this stage.

3. Accordingly, the writ petition is dismissed on the ground of alternative remedy with liberty to the petitioner to file an appeal before the Competent Authority. If petitioner files

an appeal within one week from today, the same shall be decided on merit as early as possible. It shall be open to the petitioner to pray for stay of the order dated 10.11.2021, in his appeal.

4. The order passed by this Court may not be construed as stay of the order dated 10.11.2021.

(MANOJ KUMAR TIWARI, J.) Shubham