1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9315 OF 2009 1. Shri Gurappa Shetyappa Chingonda ) R/o At and Post Madyal, Taluka ) Gadhinglaj, District: Kolhapur. ) 2. Shri Balgonda Dundappa Changonda ) R/o Madyal, Dist: Kolhapur. ) 3. Shri Ashok Dattu Jadhav ) R/o Mugali, District: Kolhaur. ) 4. Shri Shankar Bhangari Hulloli ) R/o Mugali, Dist: Kolhapur. ) 5. Shri prakash Ananda Powar ) R/o Kaulge, Dist: Kolhapur. ) 6. Shri Anappa Laxman Uppin ) R/o Jarali, Dist: Kolhapur. ) 7. Shri ramappa Kallapa Bandi ) R/o. Bhadgaon, Dist: Kolhapur. ) 8. Shri Narayan Ram Shinde ) R/o. Atyal, Dist: Kolhapur. ) 9. Shri Vijay B andu Mohite ) R/o. Atyal, Dist: Kolhapur. ) 10. Shri Pandurang Dhondiba Patil ) R/o. Ainapur, Dist: Kolhapur. ) 11. Shri Gundu Rama Mang ) R/o. Ainapur, DistKKolhaur. ) 2 12. Shri Narayan Bhima Mangale ) R/o. Ainapur, Dist: Kolhaur. ) 13. Shri Kallapa Danappa Konkeri ) R/o. Bhadgaon, Dist: Kolhapur. ) 14. Shri ramappa Shankar Bandi ) R/o. Bhadgao, Dist:Kolhapur. ) 15. Smt. Sushila Govind Sonar ) R/o. Bhadgao, Dist: Kolhapur. ) 16. Shri Ishwar Danappa Chougule ) R/o. Bhadgao, Dist: Kolhapur. ) 17. Shri ramappa Babu Mangure, ) R/o. Bhadgao, Dis: Kolhapur. ) 18. Shri Basavraj Chintamani Charantimath ) 19. Smt. Mahadevi Ishwar Chougule ) R/o. Bhadgao, Dist, Kolhaur. ) 20. Shri Chanapa Bhimappa Bandi ) R/o. Bhadgao, Dist: Kolhapur. ) 21. Shri Vinayak Ishwar Gorule ) R/o Bhadgao, Dist: Kolhapur ) 22. Shri Shekhar Irappa Kodoli ) R/o Bhadgao, Dist: Kolhapur. ) 23. Shri Balgonda Mahadev Patil ) R/o. Bhadgao, Dist: Kolhapur. ) 24. Shri Appasaheb Shankar Murti ) R/o Bhadgao, Dist: Kolhaur. ) 25. Shri Kashinath Shivmurti Murti ) R/o Bhadgao, Dist: Kolhapur. ).. Petitioners 3 Versus 1. The State of Maharashtra ) Through its Secretary to the ) Ministry of Cooperation ) having office at Mantralaya ) Mumbai 400032. ) 2. The Commissioner of Sugar ) Maharashtra State, Pune. ) 3. The Collector, District Kolhapur. ) 4. The District Superintendent f Police, ) Kolhapur, Kolhapur. ) 5. The Deputy Registrar ) Transport Officer Kolhaur. ).. Respondents Mr. G.S.Godbole, i/b. Mrs. Jai V. Kanade, Advocates for the petitioners. Mr. C.R.Sonawane, AGP, for respnodents 1 to 5. CORAM: F.I.REBELLO AND J.H.BHATIA, JJ. DATE : 30th November, 2009. ORAL JUDGMENT: (PER J.H.BHATIA,J.) 1. Rule. Rule returnable forthwith. With consent of the Counsel for the parties, the matter is taken up for hearing immediately. 2. The petitioners are sugarcane growers in Kolhapur District but they are not members of any Co-operative Sugar factory. By the order dated 4 29.8.2009, the Government of Maharashtra issued an order restraining export of sugarcane outside the limits of Maharashtra State. According to the petitioners, prior to that date, they had entered into contracts with some sugar factory in Karnataka to supply the sugarcane because they, being members of any Co- operative sugar factory in Maharashtra, were not bound to supply sugarcane to any such factory in Maharashtra. However, due to the impugned order dated 29.8.2009, they are restrained from supplying sugarcane outside the State. Due to this, they may be liable to pay damages to the other party for breach of the contract and they shall also suffer huge loss due to non-supply of sugarcane. Even though it was contended that the said order is illegal and beyond the powers of the State Government there is no substance in this contention in view of the fact that the powers under clause 6(1)(c) have been delegated by the Central Government to the State Government and therefore, the State Government is competent to impose restrictions on transfer of sugarcane outside the reserved area of sugar factory and also outside the State of Maharashtra. In Maharashtra Rajya Sahakari Sakhar Karkhana Sangh Ltd. and others vs. State of Maharashtra & Ors. (1998) 4 SCC 324 whereby the Supreme Court upheld the amendment in 1984 Rules in pursuance of the policy decision of the State Government to protect the interest of the farmers on the one hand and the Co- operative Society on the other. The impugned order dated 29.8.2009 was also 5 issued taking into consideration the fact that the sugarcane produced in the State was not sufficient to meet the requirement of the sugar factories within the State for the crushing year 2009-2010. Therefore, Maharashtra Government imposed restrictions on export of sugarcane outside the State of Maharashtra except with the permission of the officer of the State Government authorized in that behalf. It indicates that in special circumstances, the authorised officer may grant permission for export of sugarcane outside the State of Maharashtra. 3. In view of the above notification, the grievance of the petitioners can be considered by the authorized officer. As per the affidavit filed by Madhukar Sugadeo Ghate, Section Officeer, Cooperation, Textiles and Marketing Deprtment, Government of Maharashtra, under a notification dated 9.9.2005 issued by the Government of Maharashtra, Cooperation, Marketing and Textiles Department, the Regional Joint Director of Sugar is authorised to decide the applications of sugarcane growers and suppliers. In view of this, the petitioners can move the said Regional Joint Director of Sugar to consider their request for permission to export the sugarcane outside the State of Maharashtra. 4. For the aforesaid reasons, the Petition stands disposed of with following directions :- 6 (1) The petitioners may move the Regional Joint Director of Sugar for permission to transport/export sugarcane outside Maharashtra and if such an application is made, the concerned Regional Joint Director shall decide the said application within 7 days from the date of receipt of the application. (2) The Authorities shall act on the authenticated copy of this Order. (J.H.BHATIA,J.) (F.I.REBELLO,J.)