HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW PUBLIC INTEREST LITIGATION (PIL) No. - 21444 of 2017 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE RAJEEV BHARTI, J. 1. Heard. 2. The counsel for the petitioner says that cane dues for the period 2017-18 have been paid, but interest on the belated payment has not been paid by the concerned sugar mill, i.e. opposite party no.5, which has moved an application before the Cane Commissioner for waiver of interest under Section 17 (3) of U.P. Sugarcane (Regulation of Supply and Purchase) Act, 1953 (hereinafter referred to as 'Act 1953'). Now the controversy has narrowed down only to the issue as to whether interest payable by the opposite party no.5 to the cane growers is required to be waived or not. This decision has to be taken by the Cane Commissioner under sub-section 3 of Section 17 of the Act 1953. Of course, in doing so judgment of Co-ordinate Bench of which one of us (Rajan Roy, J) was a member, rendered in a bunch of petitions, leading petition being Writ Petition No.11355 (M/B) of 2021, decided on 23.12.2021 and such other decisions as may be applicable, have to be taken into consideration. 3. We, accordingly, dispose of this petition with a direction to the Cane Commissioner, U.P. to consider the application of opposite party no.5 for Versus Counsel for Petitioner(s) : Asit Srivastava, Akhilesh Kumar Kalra, Arvind Khare, Sushil Kumar, Vaibhav Srivastava, Vinod Mishra Counsel for Respondent(s) : C.S.C., Deeptiman Singh, Devansh Bharadwaj, Nav Preet Ahluvalia, Neerav Chitravanshi, Paramanand Asthana Dhoom Singh .....Petitioner(s) State Of U.P. Thru. Addl.Chief Secy. Sugar Industries And Cane .....Respondent(s) waiver as far as it may be maintainable and permissible in law and take a decision thereon and in that very context he shall also consider as to whether any arrears of cane dues or interest are liable to be recovered, if so, what steps are required to be taken, subject of course to the decision on the waiver application of opposite party no.5. This decision be taken within two months. The decision taken shall be communicated to the petitioner as also the opposite party no.5 and other stake holders including the District Cane Co-operative Society concerned. October 30, 2025 Anand/- WPIL No. 21444 of 2017 2 (Rajeev Bharti,J.) (Rajan Roy,J.) Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench