1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1767 OF 1999 Venkati Rahoji Dhage .... PETITIONER VERSUS The State of Maharashtra & Oths. .... RESPONDENTS WITH WRIT PETITION NO. 1768 OF 1999 Jairam Thoraji Shinde .... PETITIONER VERSUS The State of Maharashtra & Oths. .... RESPONDENTS WITH WRIT PETITION NO. 1769 OF 1999 Madhav Murtaji Hambarde .... PETITIONER VERSUS The State of Maharashtra & Oths. .... RESPONDENTS WITH WRIT PETITION NO. 1770 OF 1999 Govinda Nagoji Dhage .... PETITIONER VERSUS The State of Maharashtra & Oths. .... RESPONDENTS WITH WRIT PETITION NO. 1771 OF 1999 Govinda Thoraji Shinde .... PETITIONER 2 VERSUS The State of Maharashtra & Oths. .... RESPONDENTS WITH WRIT PETITION NO. 1772 OF 1999 Madhav Manika Waghmare .... PETITIONER VERSUS The State of Maharashtra & Oths. .... RESPONDENTS WITH WRIT PETITION NO. 1773 OF 1999 Sakharam Datta Shinde .... PETITIONER VERSUS The State of Maharashtra & Oths. .... RESPONDENTS WITH WRIT PETITION NO. 1774 OF 1999 Prabhu Dwarkoji Dhage .... PETITIONER VERSUS The State of Maharashtra & Oths. .... RESPONDENTS WITH WRIT PETITION NO. 1775 OF 1999 Baba Nagoba Shinde .... PETITIONER VERSUS The State of Maharashtra & Oths. .... RESPONDENTS WITH WRIT PETITION NO. 1776 OF 1999 3 Ramji Gangaram More .... PETITIONER VERSUS The State of Maharashtra & Oths. .... RESPONDENTS WITH WRIT PETITION NO. 1777 OF 1999 Jaiwanta Gangaram More .... PETITIONER VERSUS The State of Maharashtra & Oths. .... RESPONDENTS WITH WRIT PETITION NO. 1778 OF 1999 Sudhakar Ganpati Shinde .... PETITIONER VERSUS The State of Maharashtra & Oths. .... RESPONDENTS WITH WRIT PETITION NO. 1779 OF 1999 Gangadhar Dattaram Hambarde .... PETITIONER VERSUS The State of Maharashtra & Oths. .... RESPONDENTS WITH WRIT PETITION NO. 1781 OF 1999 Ranba Sambhaji Chikalwad .... PETITIONER VERSUS The State of Maharashtra & Oths. .... RESPONDENTS 4 WITH WRIT PETITION NO. 1782 OF 1999 Devidasrao Bhavrao Narwade .... PETITIONER VERSUS The State of Maharashtra & Oths. .... RESPONDENTS WITH WRIT PETITION NO. 1783 OF 1999 Waman Digamber Hambarde .... PETITIONER VERSUS The State of Maharashtra & Oths. .... RESPONDENTS WITH WRIT PETITION NO. 1784 OF 1999 Sambhaji Maruti Shinde .... PETITIONER VERSUS The State of Maharashtra & Oths. .... RESPONDENTS WITH WRIT PETITION NO. 1785 OF 1999 WITH WRIT PETITION NO. 1786 OF 1999 Motiram Ganpati Shinde .... PETITIONER VERSUS The State of Maharashtra & Oths. .... RESPONDENTS WITH WRIT PETITION NO. 1787 OF 1999 Dhondiba Venkoba More .... PETITIONER 5 VERSUS The State of Maharashtra & Oths. .... RESPONDENTS WITH WRIT PETITION NO. 1788 OF 1999 Dnyanoba Maruti Dukandar .... PETITIONER VERSUS The State of Maharashtra & Oths. .... RESPONDENTS WITH WRIT PETITION NO. 1789 OF 1999 Jaganath Venkatrao Shinde .... PETITIONER VERSUS The State of Maharashtra & Oths. .... RESPONDENTS WITH WRIT PETITION NO. 1790 OF 1999 Balaji @ Balasaheb Jairam Patil .... PETITIONER VERSUS The State of Maharashtra & Oths. .... RESPONDENTS WITH WRIT PETITION NO. 1791 OF 1999 Babu Shankar Irlewad U/g of his mother Sow.Padminibai. .... PETITIONER VERSUS The State of Maharashtra & Oths. .... RESPONDENTS WITH 6 WRIT PETITION NO. 1792 OF 1999 Lahu Dashrath Babalsure .... PETITIONER VERSUS The State of Maharashtra & Oths. .... RESPONDENTS WITH WRIT PETITION NO. 1796 OF 1999 Mahajan Baliram Bodke .... PETITIONER VERSUS The State of Maharashtra & Oths. .... RESPONDENTS WITH WRIT PETITION NO. 2753 OF 1999 Sow.Laxmibai Sayabu Jekilwad .... PETITIONER VERSUS The State of Maharashtra & Oths. .... RESPONDENTS WITH WRIT PETITION NO. 2991 OF 1999 Shankar Kerba Irsanwad .... PETITIONER VERSUS The State of Maharashtra & Oths. .... RESPONDENTS Mr. K.B.Choudhari, Additional Govt. Pleader, Mr. V.D.Rakh, Mr. K.G.Patil, Mr. N.B.Patil, Mrs. R.K.Ladda, Assistant Govt. Pleaders for State. ............................ 7 CORAM : B.R. GAVAI AND S.V. GANGAPURWALA, JJ. DATE: 09/08/2010 ORDER ORDER : 1. By way of present petitions, the petitioners are praying for holding that the petitioners are entitled for the price of the sugarcane which is not crushed by respondent no. 2. 2. According to the petitioners, the petitioners had sown sugarcane on an assurance by the respondent – Karkhana that the respondent – Karkhana would harvest the same. It is submitted that however said sugar was not harvested by respondent – Karkhana. Therefore, petitioners are entitled for payment of Rs. 850/ per Metric Ton. 3. In an identical facts, this Court while deciding Writ Petition No. 1282 of 1991 dated 5/9/2002 had directed release of certain amount to the petitioners therein by the Sugar Karkhana. Aggrieved by that order, Special Leave Petition was filed by Godawari Manar Sahkari Sakhar Karkhana. In the said S.L.P., leave was granted and the Appeals were numbered as Civil Appeal No.6139 - 6140 of 2002. 4. The Apex Court vide the Judgment and Order dated 17/7/2007 found that the petitions were not tenable before the High Court as the Sugar Factory could not be termed as State within the meaning of Article 12 of the Constitution of India. The Apex Court found that the Co-operative Court was the proper forum to determine the issue involved. 5. Since the facts in the present case are identical with the facts in the 8 case before the Apex Court referred supra, the petitions are dismissed. Rule is discharged. 6. If any disputes are filed within the period of 3 months, the petitioners will be given benefit of Section 14 of the Limitation Act and the period during which the petitioners were bonafide in prosecuting this petition, shall be taken into consideration for condoning the delay, if any. [ S.V. GANGAPURWALA ] [ B.R. GAVAI ] JUDGE JUDGE knp/1767.......99