1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2581 of 2010 Bhaurao Chavan Sahakari Sakhar Karkhana Ltd., Laxminagar, Deogaon-Yelegaon, Tq.Ardhapur, Dist. Nanded, Through its General Manager, Prafulla Gangadhar Honrao, Aged: 52 years, Occ: Service, As General Manager, r/o. Laxminagar, Deogaon-Yelegaon, Tq.Ardhapur, Dist.Nanded. ...PETITIONER VERSUS 1. The Union of India, Through its Principal Secretary, Ministry of Consumer Affairs, Food & Public Distribution Department, Krishi Bhavan, New Delhi. 2. The Chief Director of Sugar, Government of India, Ministry of Consumer Affairs, Food & Public Distribution Department, Krishi Bhavan, New Delhi. 3. The Deputy Director (Cost), Government of India, Ministry of Consumer Affairs, Food & Public Distribution Department, Krishi Bhavan, New Delhi. ...RESPONDENTS ... 2 Mr.R.N.Dhorde, Adv., for the petitioner. Mr.Alok Sharma, Assistant Solicitor General, for respondent nos.1 to 3. ... WRIT PETITION NO.5723 of 2009 1. Bhaurao Chavan Sahakari Sakhar Karkhana Ltd., At Laxmi Nagar, at village Deogaon-Yelegaon, Tq.Ardhapur, Dist. Nanded. Through its General Manager, Prafulla s/o Gangadhar Honrao, Age: 51 years, Occ: Service, as General Manager, r/o. Laxminagar Deogaon-Yelgaon, Tq.Ardhapur, Dist. Nanded. 2. Shamrao s/o Sakharam Patil, Age 59 years, Occ: Agri., R/o. Vaijapur-Pardi, Tq.Mudkhed, Dist.Nanded. ...PETITIONERS VERSUS 1. The Union of India Through its Principal Secretary, Food and Civil Supplies Department, Krushi Bhavan, Delhi. 2. The Chief Director of Sugar Krushi Bhavan, Delhi. ...RESPONDENTS ... Mr.R.N.Dhorde, Adv., for the petitioner. Mr.Alok Sharma, Assistant Solicitor General, for respondents. 3 CORAM:B.R.GAVAI AND K.U.CHANDIWAL, JJ. DATE: 21/9/2010 *** PER COURT : (Per B.R.Gavai, J.) 1. Heard. Rule. Rule made returnable and heard forthwith. Mr. Alok Sharma, learned Assistant Solicitor General, waives service. 2. The limited grievance of the petitioners is that though, by the impugned orders, respondent no.2 has decided to convert un- delivered, un-despatched quantity of non levy sugar into levy sugar, the same order has been passed without considering the submissions of the petitioners and without giving them an opportunity of being heard. It is the contention of the petitioner that had the petitioners been given an opportunity of being heard, the petitioners could have very well brought to the notice of the authorities that they had no sugar left for conversion. 3. It is settled law that before passing any order, which invites adverse civil consequences, the authorities must follow principles of natural justice. In that view of 4 the matter, we allow the petitions by quashing and setting aside the orders impugned in these petitions. The matters are remitted back to respondent no.2 for considering the matter afresh after giving an opportunity of being heard to the petitioners. 4. Needless to say that, we have not considered the matter from the viewpoint of merits in the petitions and we are only allowing the petitions on short ground of non following of principles of natural justice. Rule made absolute in above terms. (K.U.CHANDIWAL) (B.R.GAVAI) JUDGE JUDGE agp/2581-10wpgr 5