IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3378 of 2010 M/S M.P.CHINI INDUSTRIES LTD. (FORMERELY KNOWN AS MOTILAL PADAMPAT UDYUOG LTD) THROUGH ITS DEPUTY MANAGER CHANDAN KUMAR GARODIA S/O LATE ONKAR MAL GARODIA R/O M.P. CHINI INDUSTRIES CAMPUS, PS- MANJHAULIA DISTT- WEST CHAMPARAN--- ------------------------------------PETITIONER Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECY. SUGARCANE DEVELOPMENT DEPARTMENT, PATNA 3. THE CANE COMMISSIONER, BIHAR, PATNA 4. THE DISTIRCT MAGISTRATE/COLLECTOR EAST CHAMPARAN 5. THE CANE OFFICER, MOTIHARI EAST CHAMPARAN 6. VISHNU SUGAR MILLS LTD. GOPALGANJ, PS- HARAKHUA DISTT- GOPALGANJ 7. NEW SWADESHI SUGAR MILLS LTD. NARKATIAAGANJ, PS- NAKATIAGANJ, DISTT- WEST CHAMPARAN 8. BHARAT SUGAR MILLS LTD. SIDHWALIA, PS-SIDHWALI, DISTT- GOPALGANJ 9. HARINAGAR SUGAR MILLS LTD. HARINAGAR PS- HARINAGAR, DISTT- WEST CHAMPARAN-------------RESPONDENTS. ----------- For the Petitioner: Ms. Sushmita Mishra, Advocate For Respondents 1 to 5: Mr. G.A.-4 For Respondents 6,7& 8: Mr. Y.V.Giri, Sr.Advocate & Mr. V.R.Bharti, Advocate For Respondent No.9: Mr. R.K.Agrawal, Advocate ----------- 2 24.2.2010 Heard learned counsel for the parties. Almost three months are already over since Case No. 2 of 2009 came to be filed before the Principal Secretary Sugarcane Development Department, Government of Bihar, Patna. This is kind of statutory application under section 29(4) of Bihar Sugarcane (Regulation of Supply & Purchase) Act, 1981. The only prayer made in the present writ application at this stage is that the matter of the petitioner be heard and decided within a time frame because non-adjudication is having an adverse effect on the petitioner’s company. Learned counsel for the State wanted time to file counter affidavit on the issue but the Court fails to understand as to what kind of counter affidavit will be filed since the statutory - 2 - authority has to decide the matter and that is the only prayer made in the writ application. Looking at the time frame which has already elapsed since filing of the application in question, the Court directs respondent no.2 to hear and decide the case of the petitioner preferably before a period of six weeks from the date of production or communication of a copy of this order. This writ application stand disposed of with the above direction. RPS (Ajay Kumar Tripathi,J.)