IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Writ Petition No. 1383 of 2008 (M/s. Karan Distilleries Pvt. Ltd. vs. State & anr.) -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= CORAM : D.D.Sinha and Smt. Vasanti A. Naik, JJ. DATE : 25.04.2008. Heard Mr. A.R.Patil, Adv. for the Petitioner. In the present Writ Petition, the petitioner has challenged validity of the Government notification dt. 26.2.1985 as well as dt.8.3.2000 issued by the State Government on the basis of which, the application of the petitioner for grant of permission to manufacture alcohol from scum came to be rejected vide communication dt. 15.10.2007. Counsel for the petitioner has submitted that the policy evolved by the State Government vide notification dt.8.3.2000 contemplates that such permission can only be granted to the units like sugar factory to manufacture industrial and potable alcohol from scum/molasses for use and sell; whereas the private units which are not sugar factories can be permitted to manufacture industrial alcohol from scum only for captive consumption. It is contended that the policy of the State Government is unreasonable and without any basis and therefore, cannot be sustained in law. Counsel for the petitioner alternatively contended that the respondent, after the notification dt. 8.3.2000, granted permission to the unit which is similarly circumstanced with that of the petitioner whereby said unit was permitted to manufacture alcohol from scum/molasses. Said unit is located at Thane. Counsel for the petitioner, therefore, contended that the petitioner has been given discriminatory treatment by the State while applying the policy enumerated in the notification dt.8.3.2000. Considered the contentions canvassed by the learned counsel for the petitioner. It is well settled that it is the domain of the State Government to evolve a policy and unless the same is wholly unreasonable and imposes unreasonable restriction, it is difficult for the Court to show any indulgence in such a situation. In the instant case, the policy in question evolved by the State Government, which permits only the unit like sugar factory to manufacture potable alcohol from scum/molasses, has a logical basis since the alcohol is required to be manufactured from molasses and therefore, prima facie it cannot be said that the said policy, which is evolved by the State Government, is unfounded and without any reason. So far as the contention of the learned counsel about discrimination is concerned, it is open for the petitioner to agitate that grievance before the appropriate Authority. With these observations, the Writ Petition is disposed of. JUDGE JUDGE ssj