1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8090 OF 2009 M/s.Jai Jagdish Sugar ..Petitioner V/s. The State of Maharashtra & ors ..Respondents WITH WRIT PETITION NO.8095 OF 2009 M/s.Shree Ram Gums Pvt. Ltd. ..Petitioner V/s. The State of Maharashtra & ors ..Respondents Mr.R.B.Raghuvanshi i/b.Ms.Rutuja Ambekar, Advocate, for the petitioners Mr.Vinay Masurkar,Government Pleader, for the State CORAM : S.B.MHASE & R.M.SAVANT, JJ. DATE : 1ST OCTOBER, 2009 P.C. . In view of the Order passed in Writ Petition No.7446 of 2009 dated 17th September, 2009, and companion matters the above Writ Petitions are 2 also disposed of with the following directions. (i)The Order passed by the State Government on 28th August, 2009, by way of Government Resolution to put the confiscated sugar into public distribution system is hereby stayed till the final disposal of the Appeal and for a further period of two weeks thereafter in case the Order is adverse to the petitioners. (ii) The State Government is hereby directed to transfer the Appeals filed with the State Government under Section 6-C of the Essential Commodities Act, 1955, to the concerned District Judge within a period of eight days and for the said purpose, the State Government may depute a special messenger so as to send it to the concerned District Judge instead of sending it by post. (iii) The concerned District Judge, before whom the Appeals will be presented by the State Authorities is further directed to take a decision as to whether he himself would be dealing with the matters and/or will be distributing the matters amongst the rest of the Sessions Judges available at the District place and, accordingly, assign the matters. He shall effect the 3 said assignment immediately after the receipt of the papers. (iv) All the Appeals are directed to be disposed of within a period of twelve weeks. We direct the petitioners as well as the respondents to co- operate with the District Judge for early disposal of the matters and they shall, as far as possible, avoid taking adjournments in the matter. (v) The petitioners are directed to appear before the concerned District Judge after fifteen days i.e. 16th October, 2009. It is not necessary for the District Judge to issue individual Notices to the appellants. We also direct the respondent-State and the concerned Collectors, who have passed Orders of confiscation, that they shall present the record and proceedings possessed by them to the District Judge along with the Appeals. (vi) Since we have stayed the Government Resolution dated 28th August, 2009, referred to above and granted protection in favour of the petitioners during the pendency of the Appeals, none of the petitioners shall be entitled to make any interim application to the District Judge for release of sugar during the pendency of the Appeals. 4 (vii) In case the Appeals are allowed by the District Judge in favour of the petitioners, in order to enable the State Government to file appropriate proceedings challenging the said Orders, the Orders passed by the District Judges will be stayed for a period of two weeks. (viii) The petitioners concerned shall approach the Collector of the District seeking to take measures for the purpose of protection of the sugar seized. If, during the pendency of the Appeals, the insurance which has been taken by the petitioners in respect of the said sugar comes to an end, the petitioners shall further insure the sugar by informing the concerned Collector. (ix) With the above directions, all the above Writ Petitions are disposed of. (x) Parties are directed to act upon an authenticated copy of this Order. ( R.M.SAVANT, J.) ( S.B.MHASE, J. )