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2025 DAILYLAW 126273 (ALL)

M/S DEEWAN SUGARS LTD. MORADABAD THRU. OCCUPIER DHARMENDRA KUMAR SHUKLA v. STATE OF U.P. THRU. PRIN. SECY. SUGAR INDUSTRY SUGARCANE DEVELOPMENT DEPTT. LKO. AND 4 OTHERS

WRIC/2044/2025 · 2025-03-04

Pankaj Bhatia

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13075 Court No. - 7 Case :- WRIT - C No. - 2044 of 2025 Petitioner :- M/S Deewan Sugars Ltd. Moradabad Thru. Occupier Dharmendra Kumar Shukla Respondent :- State Of U.P. Thru. Prin. Secy. Sugar Industry Sugarcane Development Deptt. Lko. And 4 Others Counsel for Petitioner :- Pushpila Bisht,Gagan Katyaayan Counsel for Respondent :- C.S.C.,Paramanand Asthana,Sudeep Kumar Hon'ble Pankaj Bhatia,J. 1. Heard Ms. Pushpila Bisht, learned counsel for the petitioner, learned Standing Counsel for the State and Shri Sudeep Kumar, learned counsel for the respondent. 2. Present petition has been filed challenging the order dated 10.02.2025 whereby Appeal No.149/2024-25 was decided by the Principal Secretary in terms of the powers conferred under the U.P. Sugarcane (Regulation of Supply and Purchase) Act. 3. The neat submission of learned counsel for the petitioner is that on 05.02.2025, the petitioner had submitted the statements and thereafter, the matter was fixed for 07.02.2025, however, without according any hearing, an order came to be passed on 10.02.2025. 4. In regard to the said allegation, this Court had summoned the record. 5. Learned Standing Counsel has produced the record. 6. The record that is produced has been perused and prima- facie, there appears to be nothing to demonstrate that hearing was accorded prior to passing of the said order. 7. In view thereof and solely on that ground, the impugned order dated 10.02.2025 cannot be sustained and is quashed. 8. Matter is remanded to the appellate authority to pass fresh order in accordance with law after giving an opportunity of hearing. 9. It is informed at the Bar that another appeal inter se in between the same parties is pending which is numbered as Appeal No.126 of 2024. 10. It is directed that both the appeal shall be heard and decided by means of a common order. 11. To avoid any further delay, both the parties are directed to appear before the appellate authority through their representatives on 10.03.2025 at 04:30 PM. 12. The appellate authority shall decide both the appeals by means of a common judgment within a period of one week from 10.03.2025. 13. It is necessary to note a word of caution in the manner in which the appellate authorities are discharging their functions. It is expected that the basic adjudicatory mechanism which includes the right of hearing as a necessary ingredient of following the principles of natural justice, should be followed in future. This Court cautions the appellate authority not to pass order in a casual manner as has been done in the present case. The Court expects that the advice given shall be followed strictly failing which this Court shall take drastic measures in future. 14. The petition stands allowed in above terms. Order Date :- 4.3.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench