Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 188668 (ALL)

TRIVENI ENGINEERING AND INDUSTRIES LTD. SUGAR UNIT THRU. AUTHORIZED SIGNATORY SALIL BAIJAL v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF SUGAR INDUSTRIES/CANE DEVELOPMENT LKO. AND 4 OTHERS

A227/6566/2025 · 2025-11-11

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6566 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Gaurav Mehrotra, the learned Senior Advocate assisted by Ms. Maria Fatima, the learned counsel for the petitioner, Shri Devendra Mohan Shukla, the learned Additional Chief Standing Counsel for the State, Shri Dileep Singh, the learned counsel for the respondent No.4 and Shri Paramanand Asthana, the learned counsel for the respondent No.5. 2. By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has sought issuance of a direction to the Appellate Authority under Section 15(4) of the U.P. Sugarcane (Regulation of Supply and Purchase) Act, 1953/ Additional Chief Secretary, Department of Sugar Industries and Cane Development to consider and decide the interim relief application filed by the petitioner along with his statutory appeal under Section 15(4) of the U.P. Sugarcane (Regulation of Supply and Purchase) Act, 1953 and to decide the appeal itself expeditiously. 3. Learned counsel for the respondent No.4 has expressed an apprehension that any observation made by this Court on the merits of this case may prejudicially affect the interests of respondent No.4, who has also filed an appeal. 4. The aforesaid apprehension is absolutely unfounded as neither any submission has been made regarding merits of the case nor has this Court shown any inclination of interfering in the merits of the case. 5. The learned counsel for the respondent No.4 has next submitted that he has also filed an appeal and that should also be expedited. He has placed reliance upon a judgment dated 25.01.2016 rendered by a Co-ordinate Bench of this Court in the case of New India Sugar Mills & Anr. v. State of U.P. in Writ Petition No.609 (M/S) of 2016 wherein this Court has observed that non-consideration of the prayer made by the petitioners for clubbing appeals would seriously affect the rights of the respective Versus Counsel for Petitioner(s) : Maria Fatima, Harsh Vardhan Mehrotra, Mohd. Kausar Jah Counsel for Respondent(s) : C.S.C., Dileep Singh, Paramanand Asthana Triveni Engineering And Industries Ltd. Sugar Unit Thru. Authorized Signatory Salil Baijal .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Sugar Industries/Cane Development Lko. And 4 Others .....Respondent(s) parties. 6. In the present case, the respondent No.4 has not yet made any application before the Appellate Authority for clubbing the appeals and, in these circumstances, the apprehension that his request for clubbing the appeals will not be considered, is also unfounded. 7. Learned counsel for the petitioner has submitted that crushing season has already commenced in the month of October and will end in the month of March and, therefore, any delay in disposal of application for interim relief application and appeal would cause serious prejudice to interest of the petitioner. 8. In view of the aforesaid circumstances, the petition is disposed off by issuing a direction to the respondent No.2- Appellate Authority under Section 15(4) of the U.P. Sugarcane (Regulation of Supply and Purchase) Act, 1953/ Additional Secretary, Department of Sugar Industries and Cane Development, U.P. Civil Secretariat, Lucknow to dispose of the petitioner's application for interim relief filed in statutory appeal under Section 15(4) of the U.P. Sugarcane (Regulation of Supply and Purchase) Act, 1953 expeditiously, preferably within a period of three weeks from the date of receipt of copy of this order. 9. It will be open for the Appellate Authority to decide the appeal itself within the aforesaid period. 10. In case the respondent No.4 files an application for consolidation of appeal, that application shall also be dealt with appropriately. November 11, 2025 -Amit K- A227 No. 6566 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench