1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.703 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders CORAM: A.M. KHANWILKAR & S.S. SHINDE, JJ. DATE : 8TH FEBRUARY, 2010. 1. The grievance made in this Petition is that although there are 8 sugar factories in and around the area, where the Petitioner intends to commence sugar cane crushing subject to grant of license, however, only one sugar factory is operational. Resultantly, large quantity of sugar cane is still lying unharvested and available for crushing. 2. The Petitioner through counsel submits that the Petitioner has complied with all the requisitions referred to in 2 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders the impugned decision. Therefore, the sole ground on which the Petitioner's claim is rejected, is on account of decision of the High Court in Public Interest Litigation No.20 of 2006. Reliance is placed on the recent order passed by the Division Bench of this Court in Civil Application No.128 of 2009 In Public Interest Litigation No.20 of 2006, dated 21st January, 2010. 3. Instead of examining the grievance of the Petitioner for the first time in this proceedings, we are inclined to dispose of this Petition with direction to the Commissioner of Sugar, Maharashtra State, Pune (Respondent No.2) to decide the claim of the Petitioner by treating the present Petition as its representation/ application, expeditiously and in any 3 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders case, within TEN DAYS from today. While doing so, the Respondent No.2 shall consider the efficacy of the decision of the Division Bench dated 21st January, 2010, pressed into service before us. In the event the Respondent No.2 rejects the application/ representation of the Petitioner, he shall record reasons in that behalf so that the Petitioner would be free to carry the matter further, if so advised. All questions are left open. 4. Writ Petition is disposed of on the terms indicated above. . Authenticated copy of this order be provided to the learned A.G.P. [S.S. SHINDE,J.] [A.M. KHANWILKAR,J.] asb/FEB10/wp703.10