SPA/337/2021
2021 Latest Caselaw 3986 UK

            IN THE HIGH COURT OF UTTARAKHAND
                                 AT NAINITAL
        THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN

                                         AND

                   THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                SPECIAL APPEAL NO. 337 OF 2021

                           04TH OCTOBER, 2021

BETWEEN:

Kisan Cooperative Sugar Factory Limited                         .....Appellant.
And

State of Uttarakhand & others                                   ....Respondents.

Counsel for the Appellant : Mr. M.S. Pal, learned Senior Counsel assisted by Mr. Vikramaditya Shah, learned counsel.

Counsel for the respondents : Mr. Anil K. Bisht, learned Additional Chief Standing Counsel for the State.

Mr. Gopal K. Verma, learned Additional Chief Standing Counsel for the State of U.P.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan)

Kisan Co-operative Sugar Factory Limited, the

appellant, is aggrieved by the order dated 20.09.2021,

passed by a learned Single Judge, in Writ Petition (M/S)

No.1942 of 2021, whereby the learned Single Judge has

dismissed the writ petition, ostensibly, on the ground that the

writ petition is a second writ petition, filed on the same set of

facts. Hence, not maintainable.

2. Briefly, the facts of the case are that, the appellant

is a Multi State Cooperative Society Sugar Factory registered

as Sugar Factory Limited, Majhola, District Pilibhit, Uttar

Pradesh under the Multi-State Cooperative Societies Act,

2002. According to the appellant, it has about three thousand

members who belong to different villages. The farmers and

the members of the said Society regularly grow sugarcane

which is supplied to L.H. Sugar Factory Ltd. Furthermore,

according to the appellant, they had supplied sugarcane to

the L.H. Sugar Factory Ltd. for the sowing seasons 2007-08,

2008-09, 2009-10, and 2010-11. Subsequently, on

17.09.2019, the appellant wrote a letter addressed to the

Cane and Sugar Commissioner, Sugarcane and Sugar Factory

Committee, Uttar Pradesh, informing him that on 13.08.2019,

a proposal has been passed by the members to reopen the

Sugar Factory in Uttarakhand in order to protect the interest

of the farmers of Uttarakhand. They further requested that

they be permitted to supply their sugarcane to the nearest

Sugar Factory, i.e. L.H. Sugar Factory Ltd., situated at Pilibhit

in Uttar Pradesh. Since there was no reaction from the side of

the respondents, again on 27.08.2020, another

representation was submitted to the respondent No.3 wherein

they pointed that earlier they supplied their sugarcane to

Majola Sugar Factor. However, the same is closed. Therefore,

farmers would like to supply the sugarcane to the L.H. Sugar

Factory Ltd., i.e. the respondent No.6.

3. Since both these representation fell on deaf ears,

and since the respondent Nos.3 and 4, the Cane and Sugar

Commissioners, did not permit the farmers to supply their

sugarcane to the respondent No.6, the appellant filed a writ

petition before this Court, namely Writ Petition (M/S) No.1761

of 2020. By order dated 06.10.2020, the learned Single Judge

directed the appellant to file a representation before the

respondent Nos.3 and 4. However, by order dated

31.10.2020, the respondent No.3 has dismissed the

appellant's representation. Hence, the appellant filed the

present writ petition, namely Writ Petition (M/S) No.1942 of

2021, before the learned Single Judge. As mentioned

hereinabove, by order dated 28.09.2021, the learned Single

Judge has dismissed the writ petition on the aforementioned

ground. Hence, this appeal before this Court.

4. Mr. M.S. Pal, the learned Senior Counsel appearing

for the appellant, submits that the apprehension in the mind

of the appellant is that the impugned order passed by the

learned Single Judge would debar the appellant from

challenging any adverse order that may be passed against it

for the sowing season 2021-22. For, according to the learned

Single Judge, the appellant was seeking the same relief in the

present writ petition. Therefore, the appellant is of the

opinion that it will not be appropriate to seek the same relief

even in future writ petitions.

5. Considering the apprehension in the mind of the

appellant, and considering the fact that there is no objection

from the side of the State in clarifying the impugned order

dated 20.09.2021, it is, hereby, clarified that any observation

made by the learned Single Judge in the order dated

20.09.2021, passed in Writ Petition (M/S) No.1942 of 2021,

would not prevent the appellant from challenging any adverse

order which may be passed against it with regard to the

sowing season 2021-22. After all, each sowing season is

treated as a separate period. And each sowing season would

give rise to a fresh cause of action, in case any adverse order

were to be passed against the appellant-society.

6. With this clarification, this appeal is disposed of.

(RAGHVENDRA SINGH CHAUHAN, C.J.)

(ALOK KUMAR VERMA, J.) Dated: 04th October, 2021 NISHANT