IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 39 of 2010 Laxmi Sugar Mills Co. Ltd. …..…….. Appellant Versus State of Uttarakhand and others ....……… Respondents Coram:- Hon’ble J.S. Khehar, Chief Justice Hon’ble Sudhanshu Dhulia, Judge Present: Mr. Ravi Kiran Jain, Senior Advocate with Mr. Navneet Kaushik, Advocate for the appellant. Mr. U.K. Uniyal, Senior Advocate with Mr. Shobhit Saharia, Mr. Sandeep Kothari, Mr. Vikas Pande, Mr. C.K. Sharma and Mr. Gopal Narain, Advocates for the respondents. Date of Decision: 09.04.2010 J.S. Khehar, C.J. (Oral) Learned counsel for the respondents has submitted, that the determination of the controversy raised by the appellant would be an exercise in futility, inasmuch as, the clock cannot be turned back at this stage. In this behalf, it is pointed out by the learned counsel for the respondents, that the crushing season for the year 2009-2010 is over for all practical purposes. 2. Learned counsel for the appellant acknowledges this factual position. He, however, asserts that the remedy of the appeal available to the appellant under Section 15 (4) of the Uttar Pradesh Sugar Cane (Regulation of Supplies and Purchase) Act, 1953 has been rendered nugatory. In the peculiar facts of this case, learned counsel for the appellant suggests, that an appropriate order be passed so as to ensure that the appellate remedy available under Section 15(4) of the Uttar Pradesh Sugar Cane (Regulation of Supplies and Purchase) Act, 1953 is an effective and meaningful remedy. 3. In view of the above, while disposing of the instant special appeal, we consider it just and appropriate to direct the Cane Commissioner to henceforth pass orders pertaining to reserving of areas, assigning of areas to a factory and determining the quantity of cane to be 2 purchased from an area by a factory, as far as possible prior to the commencement of the crushing season. In rare and exceptional circumstances, however for reasons to be recorded, the same may be passed on or before 15th of October of the crushing year. 4. Learned counsel for the respondents states, that the State Government shall issue instructions in this behalf for compliance by means of a Government Order. 5. The instant special appeal is disposed of accordingly. ( Sudhanshu Dhulia, J.) ( J.S. Khehar, C.J. ) 09.04.2010 P.Singh