Daljit Narayan Tiwari Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15987 of 2023

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Daljit Narayan Tiwari Son of Late Suraj Tiwari, Resident of VillageBadaharwa Kala, Police Station- Kotwa, District- East Champaran.

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Lalan Tiwari, Son of Yogendra Tiwari, Resident of Village- Badaharwa Kala, Police Station- Kotwa, District- East Champaran.

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Arun Kumar Dubey, Son of Gorakh Dubey, Resident of Village- Badaharwa Kala, Police Station- Kotwa, District- East Champaran.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Department of Sugar Cane Industry, Govt. of Bihar, Patna.

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The Director, Sugarcane Industries Department, Govt. of Bihar, Patna.

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The Cane Commissioner, Department of Sugar Cane, Govt. of Bihar, Patna.

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The Sugar Cane Officer, Motihari.

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The D.M. East Champaran, Motihari.

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The M/s Magadh Sugar and Energy Ltd. Sidhwalia, Gopalganj.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar Tiwari For the Respondent/s : Mr.Vikash Kumar (Sc11)

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

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ORAL ORDER

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7 02-07-2024

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The present writ petition has been filed seeking

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the following relief(s):-

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“ 1. (i) For issuance of an appropriate writ/s, order/s, direction/s for quashing the order dated 04.10.2023 contained in Memo No. 1159/S.O. dated 06.10.2023 issued by Cane Commissioner whereby and whereunder in purported exercise of power given under section 31 (1) of the Bihar Sugar Cane (Supply and Purchase exchange) Act, 1981. He was pleased to attached and reserved unconventionally village- Barharwa Kala, Block-

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Patna High Court CWJC No.15987 of 2023(7) dt.02-07-2024 2/4

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Kotwa, District- East Champaran, Revenue Thana No 184 to M/s. Magadh Sugar and Energy Ltd. A unit of M/s. Bharat Sugar Mills, Sidhwalia, Gopalganj for the crushing for year 2023-24 to 2025-26 which is at about distance 70-75 Kilometres in place of HPCL, Sugauli Sugar Mill which is only and distance of 30-35 Kilometers. (ii) For issuance of an appropriate writ/s, order/s, direction/s, to the respondent cane Commissioner to review/modify/amend order dated 04.10.2023 contained in Memo No. 1159 dated 06.10.2023 in light of representation filed by the petitioners on 23.03.2023 for attaching their revenue village to HPCL, Sugar Mill, Sugauli and to adhere to the reports submitted by Sugar Cane Officers, Motihari contained in Letter No. 147 dated 24.04.2023 whereby and whereunder he recommended for attaching villageBadaharwakala, Revenue Thana No. 184 to HPCL, Sugar Mill, Sugauli since it is situated only at distance of 30-35 KMPS/Kilometers and the villagers of Badaharwa Kala are facing problems in carrying sugar cane to Sugar Mill, Sidhwalia which is at distance of about 70-75 KMPS.

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(iii) For issuance of an appropriate writ/s, order/s, direction/s, to the respondent Cane Commissioner to follow explanation 3 to clause (VI) of Sugar Cane (Control order) 1966 which was promulgated dated on 16.07.1966 vide GSR

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Patna High Court CWJC No.15987 of 2023(7) dt.02-07-2024 3/4

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No. 1126, ESS. Com & Sugar Cane which talks about power to regulate distribution and movement of Sugar Cane with regard to minimum distance which shall be determined as measured by the Survey of India. ”

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At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to challenge the order dated 04.10.2023, passed by the Cane Commissioner, Sugarcane Industries Department, Government of Bihar, Patna, by filing appeal before the Principal Secretary, Sugarcane Industries Department, Government of Bihar, Patna. Liberty so sought is granted.

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It is needless to state that in case appropriate appeal is filed within a period of two weeks from today, the Appellate Authority shall consider the same on merits without being impeded by the issue of limitation.

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At this juncture, the learned counsel for the private respondent no.6 submits that the Appellate Authority be also directed to consider the issue of locus of the petitioners to challenge the order dated 04.10.2023, passed by the Cane Commissioner, Sugarcane Industries Department, Government of Bihar, Patna. It is directed accordingly.

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The writ petition stands disposed off on the

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Patna High Court CWJC No.15987 of 2023(7) dt.02-07-2024 4/4

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aforesaid terms.

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(Mohit Kumar Shah, J)

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sonal/-

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U

Daljit Narayan Tiwari v. The State of Bihar

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Daljit Narayan Tiwari v. The State of Bihar

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