Shivji Singh vs State Of Chhattisgarh

The present writ petition has been filed assailing the notification dated 27.11.2021 issued by the Sugarcane Commissioner invoking the provisions of

Section 15 and Section 16 of the Chhattisgarh Sugarcane (Regulation of Supply and Purchase) Act, 1958 (in short, The Act, 1958).

The grievance of the petitioners is that the petitioners belong to the place which has now been declared as a Reserved area and an Assigned area

under Sections 15 and 16 of the Act, 1958. The contention of the petitioners is that they have the apprehension that they would not be in a position

henceforth to sell their sugarcane in the open market and the entire yield of theirs will have to be sold to the sugarcane factory. The further contention

of the petitioners is that the sugarcane factory existing there has only a production capacity of 3 Metric Tonnes whereas, the sugarcane which is

cultivated in the said area is more than 5 Metric Tonnes. Therefore, cultivation is much more than the requirement of the sugarcane factory. This also

would put the farmers in great loss if they are not permitted to sell the sugarcane in the open market. Further contention of the petitioners are that

there is also difficulty in not getting the money promptly from the sugarcane factories who purchase the sugarcane and the petitioners would have to

run from pillar to post for getting their reruns of the said sugarcane whereas, if they sell it in the open market they get instant money and at a higher

price also.

Further apprehension that the petitioners raises is that the sugarcane factory would collect the sugarcane at an interval of 15 days time and in

between the sugarcane would get dried up and would loss its weight and also its quality which also would fetch lessor returns to the petitioners as

against the amount of money that they can earn if they are able to sell it in the open market timely.

The perusal of Act, 1958 shows that the Sugarcane Commissioner for a particular area has got all the powers under the said Act to declare a

particular area as a Reserved and as Assigned area. It appears that the impugned order Annexure P/1 is one which has been issued invoking the said

provisions of law. The notification is one which was issued on 27.11.2021 and the present writ petition is one which has been filed on 03.01.2022.

Under the said Act itself the petitioners had a remedy of an appeal to approach the State Govt. against the order of the Sugarcane Commissioner

passed under Sections 15 and 16 of the Act, 1958. The Appeal had to be filed within a period of 30 days, which in the instant case does not seem to

have been filed by the petitioners. Moreover Section 19 of the Act, 1958 provides for the State Govt. for issuance of necessary regulations for the

purchase and supply of the cane in the reserved and assigned areas.

Sub-section(2) Clause-a of Section 19 of the Act, 1958 also empowers the State Govt. for regulating in respect of the quantity of cane to be

supplied by each Cane grower or Cane grower's Co-operative Society, as the case may be, in such area to the factory for which the order under

Sections 15 and 16 has been passed declaring an area reserved and assigned.

The grievance of the petitioners which they have raised are all which could had been well looked upon by the authorities if the petitioners would

have availed the statutory remedy available to them firstly under Section 18 of the Act, 1958 and secondly by moving to the State Govt. for an

appropriate regulation under Section 19 of the Act, 1958. Once when the law makers have devised a mechanism to ventilate the grievances of a

sugarcane grower under the aforementioned Act, 1958 itself, it is necessary that the petitioners should have first avail the said recourse available to

them and only in case if their grievance is not redressed would they have approach the court of law for an appropriate mandamus.

Given the aforesaid facts, this court therefore does not find it proper at this juncture to interfere with the impugned order. However, the writ petition

at this juncture stands disposed of reserving the right of the petitioners to either avail the remedy under Section 18 if they so want, or at the same time

approach the State Govt. for issuance of necessary regulations under Section 19 of the Act, 1958 which also could redress the grievances of the

petitioners.

Considering the fact that the sugarcane is a seasonal cultivation, in the event if the petitioners approach the respondent State Govt. in this regard,

the authorities concerned are expected to take a decision at the earliest preferably within a period of 30 days from the date of receipt of

appeal/representation, as the case may be.

Accordingly, reserving the aforesaid right of the petitioners, the writ petition at this juncture stands disposed of.