High CourtsSingle Bench(2021) 11 UK CK 0154

Uttam Sugar Mills Ltd vs State Of Uttarakhand And Others

Uttarakhand High Court · Decided on 24 November 2021

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (M/S) No. 2435 Of 2021

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Judgment

5 paragraphs · 177 words

Manoj Kumar Tiwari, J

1.

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.