1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9363 OF 2005 Bhima Patas Sahakari Sakhar Karkhana Ltd. ...Petitioner. vs. 1.State of Maharashtra & ors. ...Respondents. --- Mr.N.V.Walawalkar i/b. S.S.Salunkhe, for Petitioner. Mr.C.R.Sonawane, AGP for Respondent nos. 1 & 2. Mr.J.Shekhar i/b. J Shekhar & Co., for Respondent no.3. AND WRIT PETITION NO.204 OF 2006 Shri Ram Sahakari Sakhar Karkhana Ltd. Phaltan. ...Petitioner. vs. 1.State of Maharashtra & ors. ...Respondents. --- 2 Mr.Sugandh B. Deshmukh, for Petitioner. Mr.C.R.Sonawane, AGP for Respondent nos. 1 & 2. Mr.J.Shekhar i/b. J.Shekhar & Co., for Respondent no.3. CORAM: D.K.DESHMUKH & R.Y.GANOO, JJ. DATED: 2nd July, 2008. P.C.:- 1. In both the petitions, the common question of law is involved and therefore, both the petitions can be conveniently disposed of by a common order. 2. It appears that the petitioners who are sugar co-operative societies have been making complaints to the Director of Sugar repeatedly about the violation committed of the Maharashtra Sugar Factories (Reservation of Areas and Regulation and the Sugarcane Supply) Order,1984, by various sugar factories. According to them, the sugarcane grown in the area of operation of the petitioners sugar factories by their members is being purchased by the other co-operative Sugar factories without following 3 the provisions of the sugarcane control order. According to the petitioners, therefore, the petitioners have made representations and the applications from time to time to the Director of Sugar but the Director of Sugar though is vested with the authority to hold investigation and make order, is not performing his statutory obligation. 3. We have heard the learned Counsel appearing for the Director Sugar. In our opinion, at this juncture requiring the Director of Sugar to make investigation into the complaints of the petitioners of the previous years will not enough. The learned Counsel appearing for the Director of Sugar has also stated before us that if the petitioners make a proper complaints/representations/applications, the Director of Sugar will make investigation into such complaints/representations/applications in accordance with law and shall make appropriate order thereon. In this view of the matter therefore, in our opinion, the following order would meet the ends of justice:- (i) In case within a period of two weeks from today the petitioners make a complaint giving details of the alleged violation of the Maharashtra Sugar 4 Factories (Reservation of Areas and Regulation and the Sugarcane Supply) Order,1984, committed by the Sugar factories, the Director of Sugar shall hold investigation into such complaint in accordance with law and shall make orders thereon in accordance with law. (ii) The petitioners shall in their complaint/representation/application name the sugar factories against whom they have complaints and they shall serve copy of the representation/application/complaint on the concerned sugar factories before they file it before the Director of Sugar. It is clarified that the Director of Sugar before making any order shall also grant an opportunity of being heard to the sugar factories against whom the petitioners are making complaint. (iii) The Director of Sugar shall make the order as directed above as expeditiously as possible in any case within a period of three months from the date on which the complaint is received from the petitioners. Rule is made absolute accordingly. No order as to costs. 5 (D.K.DESHMUKH, J.) (R.Y.GANOO,J.) ---