IN THE HON’BLE HIGH CURT O OF CHHATTISGARH AT BILASPUR WRIT PETITION C No. 5— %\ OF 2009 PETITIONER /Bhoramdeo Cooperative Sugar Production Factory Limited Through its Managing Director, ‘Ramhepur, Kawardha, District Kabirdham Chhattisgarh Versus RESPONDENTS 1. Union of India, through the Secretary, Ministry of Consumer Affairs, Food & Pubiic Distribution, New Delhi. Chief Director (Sugar), Directorate of Sugar, Ministry of Consumer Affairs, Food and Pubiic Distribution, Krishi Bhawan, New Delhi 110001 WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT OR WRITS IN THE NATURE OF CERTIORARI. MANDAMUS. DIRECTION OR DIRECTIONS, ORDER OR ORDERS OR THE LIKE . HIGH COURT OF CHHATTISGARH : BILASPUR V‘ g129 WRIT PETITION (C) NO.578‘l OF 2009 PF‘I'I’I’IONER Bhoramdeo Cooperative Sugar Production Factory Limited Versus IGNDENTS Union of India & Another : RE (Writ Petition underArticIe 226 of the Constitution of India) Single Bench : Hon’ble Shri Satish K. Agnihotri, J. Prouont :~ Shri RS. Marhas and Shri Dhiraj Wankhede, Advocates for the petitioner. Ms. Fouzia Mirza, Assistant Solicitor General for the Union 0ft India. ORDER (ORAL) (Passed on this1ot" day of September, 2010) Heard learned counsel for the parties. By this petition, the petitioner seeks quashing of clause 3 of the order dated 28/07/2009 (Annexure P/1) passed by the Government of India. Ministry of Consumer Affairs, Food & PD Department of F ood & PD Directorate of Sugar and clause 3 of the order dated 31/10/2008 (Annexure P/2) passed by the Government of India, Ministry of Consumer Affairs, Food & Public Distribution, Directorate of Sugar, Krishi Bhawan, New Delhi. Clauses 3 of the orders dated 28/07/2009 & 31/10/2008 read as x under: “28/07/2009 3. Whereas, the Central Government is following policy of partial control on sugar under which a part of sugar production [at present 10%] is requisitioned as levy sugar and test is allowed to sell as non-levy sugar (free sale sugar) subject to regulated release mechanism policy of the Government; and I 31/10/2008 3. The deliveryldespatch of the aforesaid quantity of sugar shall commence with effect from 01/11/2008 and the delive‘ry/despatch of the entire quantity shall be completed by 30/11/2008. Further the sugar factory shall seil and dispatch entire quantity released to them for the month of Nov. 08, within the prescribed vatidity period ofthe order i.e. upto 30.112008 and any quantity which remain unsold/undespatched after the expire of the validity period of the order shall stand converted into levy sugar stocks.” At the very outset, Ms. Mirza, learned Aseistant Solicitor General, submits that the validity of the impugned clauses had already been upheld by the Supreme Court in Shree Meenaks/ii Mills Ltd. v. Union of India1 & State of Orissa and Another v. Rad/teshyam Meher and Othersz and further by other High Courts. Thus‘s, nothing survives in this petition for adjudication and the petition may be dismissed. ln vlew of foregoing, Shri Marhas, learned counsel appearing for the petitioner, also subunits that nothing survives in this petition for adjudication. Accordingly, the writ petition is dismissed. No order asto costs. Sdl— Satish K. Agnihotrit ~ Judge Gown l AIR i974 SC 366 1 ( morn 1 scc 652 ; g