1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1926 OF 2010 ... Shri Vitthalrao Sahakari Sakar Karkhana ...Petitioner v/s. Commissioner of Sugar & ors. ...Respondents ... Mr.A.V.Anturkar with Mr.S.B.Deshmukh for the Petitioner. Mr.C.R.Sonawane, AGP for State. ... CORAM: D.K. DESHMUKH & A.R.JOSHI,JJ DATED: 11th March,2010 P.C.:- 1. Rule. Returnable forthwith. Heard finally by consent of parties. 2. By this petition the Petitioner makes a grievance about additional condition No.1 2 imposed by letter dated 3-10-2009 by the Respondent. The Respondent had by order dated 31-12-2008 granted no objection to the Petitioner to approach the named agency for getting the detailed project report for setting up a power co.generation project. The Petitioner is a co.operative society running a sugar factory. It is an existing sugar factory. But additional condition which is imposed is that as per the order passed by this court in P.I.L. No.20 of 2006, crushing capacity should not be increased. 3. We have considered this position while deciding Writ Petition No.1392 of 2010 (Someshwar Sahakari Sakhar Karkhana Ltd. v/s. Commissioner of Sugar, Maharashtra State, Pune & ors.) decided on 25-1-2010. In our opinion, in view of that order, copy of which is annexed to the petition, it is necessary 3 for the Commissioner to reconsider whether Condition No.1 can be imposed. In our opinion, therefore, following order would meet the needs of justice. O R D E R (i)The Respondent shall reconsider his decision to impose Condition No.1 mentioned in the order dated 3-10-2009 in accordance with law including the order dated 25-2-2010 referred to above, as expeditiously as possible, in any case within a period of four weeks from today and communicate the order to the Petitioner. (ii)Rule made absolute. No order as to costs. ( D.K. DESHMUKH,J.) ( A.R.JOSHI,J) 4