1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.5356 OF 2010 Agasti Sahakari Sakhar Karkhana Ltd. A/P. Agasti Nagar, Tq. Akole, District Ahmednagar, Through its General Manager Shri Bajirao Raosaheb Pokharkar ..PETITIONER VERSUS 1. The State of Maharashtra, Through the Regional Joint Director Of Sugar, Near Lal Taki, Ahmednagar, District Ahmednagar 2. The Commissioner of Sugar, Maharashtra State, Pune 3. Union of India, Through its Principal Secretary, Food & Civil Supplies Department, New Delhi 4. The Deputy Director (Sugar Control), Government of India, Ministry of Consumer Affairs, Department of Food and Public Distribution, Krishi Bhavan, New Delhi 110 001 2 5. The Chief Director of Sugar, Directorate of Sugar, Ministry of Consumer Affairs Food and Public Distribution, Department of Food and Public Distribution, Krishi Bhavan, New Delhi 110 001 ..RESPONDENTS Mr S.T. Shelke, Advocate for the petitioner; Mr K.J. Ghute Patil, A.G.P. for respondents no.1 & 2; Mr R.P. Phatke, Standing Counsel for respondents no.3 to 5 CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 28th June, 2010 ORAL JUDGMENT [ PER P.V. HARDAS , J ] Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission. 2. By this petition under Article 226 of the Constitution of India the petitioner prays for issuance of a writ directing the respondents to consider the representation of the petitioner - sugar factory for permission to sell the un-disposed stock of levy sugar of 767.9 Metric Tons of the crushing season 2007-08 and 821.4 Metric Tons of the crushing season 2008-09 in open market. 3 3. In the light of the limited relief which the petitioner has prayed for, we consider it appropriate to decide this petition finally at this stage. We have accordingly heard Shri S.T. Shelke, learned Counsel for the petitioner; learned A.G.P. on behalf of respondents no.1 & 2 and Shri R.P. Phatke, learned Counsel on behalf of respondents no.3 to 5. Since the representation, submitted by the petitioner, dated 16.2.2010 is pending, we allow this petition and direct the respondents to decide the said representation, in accordance with law, within a period of eight weeks from today and communicate the decision thereon to the petitioner. Rule is thus made absolute on the above terms. In the circumstances, there will be no order as to costs. ( N.D. DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp5356.10