WP No. 6178/09 1 IN THE HIGH COURT AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 6178 OF 2009 1. Sangamner Bhag Sahakari Sakhar Karkhana, Amrut Nagar, Ghulewadi, Tq. Sangamner, Dist. Ahmednagar. Through its Managing Director, Shri. Anil s/o. Baburao Shinde, R/o. Amrut Nagar, Sangamner, Tq. Sangamner, Dist. Ahmednagar. 2. Dattatraya s/o. Dada Wagh, R/o. Mharadi, Tq. Sangamner, Dist. Ahmednagar. ....Petitioners. Versus 1. The Union of India 2. The Principal Secretary, Ministry of Consumer Affairs, Department of Food & Public Distribution, Govt. of India, Krishi Bhavan, New Delhi. 3. The Chief Director of Sugar, Ministry of Consumer Affairs, Department of Food & Public Distribution, Directorate of Sugar, Krishi Bhavan, New Delhi. 4. The Food Corporation of India, Manmad, Dist. Nasik, Through its Manager. ....Respondents. Mr. R.N. Dhorde, Advocate for petitioner. Mr. Alok Sharma, Assistant Solicitor General for respondent Nos. 1 to 3. Mr. Dhananjay Mane, Advocate h/f. Mr. Milind Patil, Advocate for respondent No.4. WP No. 6178/09 2 CORAM : NARESH H. PATIL & T. V. NALAWADE, JJ. DATED : 17th August, 2011. PER COURT : 1. Heard. 2. The petitioner contends that the order passed under clause 2 (1) of the Levy Sugar Supply (Control) Order, 1979 ( for short "Order of 1979") by the Chief Director of Sugar is unreasonable and arbitrary. Clause 2 of the order passed on 17th December 2008 reads as under : "The levy sugar may delivered ex-factory or dispatch by rail as may be desired by the consignee. In case of dispatch by rail, the producer shall apply for registration of wagon within three days of the receipt of dispatching instructions by him from the consignee. If the wagon quota is not immediately available, he shall apply for the registration as soon as the wagon quota becomes available. The producer shall also report the fact of non-availability of wagon quota to Joint Commissioner (Movt), Ministry of Consumer Affairs & Public Distribution, Krishi Bhavan, New Delhi." 3. The learned counsel for the petitioner submits that the petitioner is willing to dispatch levy sugar ex-factory, but directing the petitioner to dispatch levy sugar by railway, incurs not only heavy monetary burden WP No. 6178/09 3 on the petitioners, but causes inconvenience. 4. Learned counsel Shri. Sharma appearing for the Union of India submits that under the Order of 1979 the Commissioner had issued appropriate directions and accordingly the petitioner is bound to supply levy sugar. 5. The learned counsel for Food Corporation of India submits that they are under staffed, there is no machinery available with them to accept levy sugar delivered ex-factory from the petitioner, therefore, under the orders passed by the Chief Director of Sugar, petitioner shall supply goods to Food Corporation of India by railways. 6. Clause 2 (1) of the Order of 1979 is relevant which reads as under :- "2. Power to issue directions to supply levy sugar.- (1) The Central Government may, from time to time, by order issue directions to any producer or importer or recognised dealer to supply levy sugar of such type or grade in such quantities and from such place of manufacture or storage -- (a) to such persons or organizations, in such areas or markets; or (b) to such State Government/Union Territory Administration, as may be specified in the order. Explanation.- "Levy" sugar means the sugar WP No. 6178/09 4 requisitioned by the Central Government under Cl. (f) sub-section (2) of Sec. 3 of the Essential Commodities Act, 1955" 7. In the communication made to the petitioner by the Chief Director of Sugar dated 13th May 2009, it has been directed as under :- "6. You are, therefore, directed to deliver levy sugar to FCI within the validity period i.e. 31.5.2009 and report compliance to this office. Your plea regarding non-delivery of levy sugar to FCI as per the Disptch Instructions of FCI such as payment of 100% payment in advance, non-availability of levy sugar stock, long distance to the Railway Station, sugar bagged in 100 Kg bags, stock is damaged/moist etc. will not be accepted and legal action as deemed fit under the Essential Commodities Act, 1955 will be initiated without any further notice. Besides, any type of assistance from Central Government such as loan from SDF, payment of Export and buffer subsidy to your sugar mill as claimed may not be taken up for consideration." 8. Order of 1979 is passed by the Central Government in exercise of powers conferred by section 3 of the Essential Commodities Act, 1955. 9. The learned counsel for the petitioner submits that the petitioner is facing prosecution as consignee received levy sugar bags in less WP No. 6178/09 5 quantity and on this count, the petitioner had to litigate in Civil and Criminal Courts. The petitioner is facing financial difficulties in the process of this transaction. 10. We have perused the relevant provisions of Order of 1979 passed by the Central Government, the impugned communication made by the Chief Director of Sugar. Considering the statutory nature of orders we are not inclined to exercise extraordinary jurisdiction of this Court under Article 226. There is no merit in the petition. The petition is dismissed. [ T. V. NALAWADE, J.] [ NARESH H. PATIL, J.] ssc/wp6178.09