1 WP-4868-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4868 OF 2010 Shetkari Sakhar Karkhana Ltd. ..Petitioner versus The State of Maharashtra & Ors. ..Respondents Mr. P. K. Dhakephalkar – Sr. Advocate i/b. Mr. A. A. Joshi for Petitioner. Mr. S. R. Nargolkar – G.P. for Respondents. CORAM : D. D. SINHA AND MRS. MRIDULA BHATKAR, JJ. DATED : AUGUST 11, 2010. P.C. : 1. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 2. Writ petition is directed against the communication dated 21st May 2010 issued by the Commissioner of Sugar, whereby the petitioner is informed that its placement in the priority list i.e. 33 is taken away since the petitioner did not submit the Aerial Distance Certificate issued by the Survey of India within the stipulated period specified in communication 2 WP-4868-10 dated 20th April 2010 issued by the Commissioner of Sugar. The learned counsel for the petitioner has submitted that the petitioner obtained the Aerial Distance Certificate from the Competent Authority dated 25th January 2010. The communication issued by the Commissioner of Sugar dated 20th April 2010 asking the petitioner to submit the latest Aerial Distance Certificate issued by the Competent Authority on or about 20th May 2010. However, by another communication dated 23rd April 2010 issued by the Executive Engineer, Department of Sugar, informed the petitioner to attend the meeting scheduled on 30th April 2010 along with the Aerial Distance Certificate issued by the Competent Authority. The learned counsel for the petitioner has submitted that the communication dated 23rd April 2010 was received by the petitioner on 3rd May 2010 and therefore it was impossible for the petitioner to remain present in the meeting which was scheduled on 30th April 2010. It is submitted that the petitioner has a latest Aerial Distance Certificate issued by the Competent Authority dated 25th January 2010. In view of the above referred facts, the petitioner could neither remain present in the meeting which was scheduled on 30th April 2010 nor submit the relevant Certificate before the Authority. It is submitted that since the petitioner is not at fault the impugned communication dated 21st May 2010 cannot be sustained in law. 3 WP-4868-10 3. The learned Government Pleader has submitted that vide communicated dated 20th April 2010 issued by the Commissioner of Sugar, the petitioner was called upon to submit the latest Aerial Distance Certificate issued by the Competent Authority on or before 20th May 2010 and since the petitioner failed to submit the said Certificate within the stipulated period mentioned in the communication dated 20th April 2010, the Authorities are justified in passing the impugned order / letter dated 21st May 2010. 4. We have considered the contentions canvassed by the respective counsels. In the instant case it is not in dispute that the Executive Engineer issued communication dated 23rd April 2010 whereby the petitioner was called upon to attend the meeting which was scheduled on 30th April 2010. However the said communication was received by the petitioner on 3rd May 2010. It is therefore obvious that the petitioner was not in a position to attend the meeting which was scheduled on 30th April 2010 and could not submit the latest Aerial Distance Certificate issued by the Competent Authority dated 25th January 2010 though the petitioner had the said Certificate with him. In view of these facts, we are of the view that the decision taken by the Authorities, communicated by the impugned communication dated 21st May 2010 is bad in law and cannot be sustained 4 WP-4868-10 in law. 5. For the reasons stated herein above, the impugned communication dated 21st May 2010 is hereby quashed and set aside. The placement of the petitioner in the priority list should be maintained at Sr. No. 33. The application of the petitioner dated 19th September 2007 be considered afresh in accordance with law and procedure applicable in this regard. Petitioner is permitted to submit Aerial Distance Certificate issued by the Competent Authority within a period of two weeks from today. Decision be taken on the petitioner’s application within a period of eight weeks from the date of communication of this Order. With these directions, writ petition is disposed of accordingly. (D. D. SINHA, J.) (MRS. MRIDULA BHATKAR, J.)