Dhampur Sugar Mills Ltd. Dhampur Bijnore vs Sanjeev Kumar Singh Circle Inspector Dhampur and Others

Hon''ble Rajiv Sharma, J.—Supplementary affidavit filed today is taken on record.

Since the Judgment and Order dated 17.3.2011 passed in writ petition No. 11959 (MB) of 2009 and connected matters, has not been complied within its letter and spirit, as such, the applicant has filed the instant contempt petition u/s 12 of the Contempt of Courts Act, 1971.

It has been alleged by the petitioner that inspite of the Judgment and Order dated 17.3.2011 passed by the writ Court, whereby the writ Court had struck down the provisions of Section 2(D-1) 8(4) and 8(5) of the U.P. Sheera Niyantran Adhiniyam, 1964, opposite parties are not allowing to lift the molasses for their own consumption.

On 15.12.2011, when the case was listed, learned Counsel for the applicant has alleged that the applicants have already following the procedure of maintaining the account of Molasses and were ready to submit the requisite Form MF-4 but the opposite parties i.e. Inspectors were neither returned the said form nor they have countersigned the Form MF-4, to which Sri Jaideep Narain Mathur, Additional Advocate General, appearing on behalf of the State has assured this Court that in case the applicant furnishes requisite Form MF-4, they will be allowed to lift the molasses.

Today, Sri Akhilesh Kalra, learned Counsel for the applicant submits that in view of the assurance given by the Additional Advocate General on 15.12.2011, representative of the applicant, namely, Sri Rakesh Kumar, General Manager, met in person with the Controller of Molasses and Excise Commissioner, U.P., Allahabad, showing willingness to follow the procedure, as prescribed for lifting molasses for its captive consumption by the units of the petitioner sugar mill but the Controller of Molasses and Excise Commissioner reiterated the stand of the Excise Department that as no indent has been presented till 2.00 P.M. on 16.12.2011, no further action could have been taken.

During the course of arguments, Sri Sanjay Sarin, learned Standing Counsel, informed that the case may be adjourned as Sri Jaideep Narain Mathur, Additional Advocate General, is out of station today. He further prays that the case may be listed day after tomorrow i.e. 23.12.2011.

Learned Counsel for the petitioner has submitted that the case has been listed on 15.12.2011 for today in the presence of learned Additional Advocate General but despite that learned Additional Advocate General is not present nor he has made any alternate arrangement. Further, neither the assurance given by him on 15.12.2011 has been complied with nor the order passed by the writ Court has been complied with.

Learned Counsel for the applicant, at this stage, submits that the order passed by the writ Court is well within the knowledge of Principal Secretary, Excise, Lucknow and Controller of Mollasses/Excise Commissioner, Lucknow and the Secretary, Sugar and Cane Development and Cane Commissioner, Lucknow but they are also not making any sincere efforts to comply the order passed by the writ Court. He submits that he may be permitted to move appropriate application for impleadment for impleading Principal Secretary Excise, U.P. Civil Secretariate, Lucknow, Controller of Mollasses/Excise Commissioner, Lucknow and the Secretary, Sugar and Cane Development and Cane Commissioner, Lucknow.

The applicant has also filed an application for impleadment, which is allowed.

Let the necessary impleadment be carried out in the array of the opposite parties during the course of the day.

List the matter on 23.12.2011, on which date, newly added opposite parties i.e. opposite parties Nos. 5, 6 and 7 shall appear in person to show cause as to why action may not be taken under the Contempt of Courts Act for wilful disobedience of the order dated 17.3.2011 passed in writ petition no. 11959 (MB) of 2009.