ASN 1 WP-3421.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3421 OF 2011 Shri. Vitthal Sahakari Sakhar Karkhana Ltd. ..Petitioner. Vs. The Commissiner of Sugar and ors. ..Respondents. Mr. Y.S.Jahagirdar, Sr. Advocate i/by Mr. Sarang Aradhye for the Petitioner. Mr. S.R. Sonawane, A.G.P. for Respondent No.1 and 2. CORAM : MOHIT S. SHAH, C. J. AND SMT. RANJANA DESAI, J. 21 July 2011 PC: By communication dated 20 April 2011 the petitioner- society has been informed by respondent No.1 Commissioner of Sugar that its proposal for expansion of its capacity cannot be considered in view of the order dated 14 march 2011 of this Court in Public Interest Litigation No. 20 of 2006. The petitioner has, therefore, filed the present petition for quashing the said communication. 2 By order dated 14 March 2011, this Court has restrained the Commissioner of Sugar from giving permission to any sugar ASN 2 WP-3421.sxw factory for expansion/modernization/alteration/addition programme without the leave of this Court. The reason for giving directions is to be found in Paragraph 3 of the order dated 14 March 2011 which reads as under: “The petitioner in the public interest litigation submits that although the applications for starting new factory may not be made by the co- operative societies, basically it is some individuals, who were earlier having sugar factories through the co-operative societies, who are now coming forward to run the sugar factories through the other corporate entities. It is submitted by the petitioner in the public interest litigation that the co-operative sugar factories who had obtained the funds from the State Government or the guarantees from the State Government, are now in the red and the persons in the management of co-operative societies are themselves coming forward and purchasing the sugar factories through other corporate entities.” 3 The petitioner society has stated in Paragraph 11 of the petition that for expansion of the crushing capacity the petitioner factory does not require any subsidy from the State Government. 4 In view of the above, we see no impediment for grant of leave to the Commissioner of Sugar for granting the petitioner permission for expansion of its crushing capacity. ASN 3 WP-3421.sxw 5 It is clarified that this order is passed only for the limited purpose of granting leave to the Commissioner of Sugar as provided in the order dated 14 March 2011. This order does not exempt the petitioner society from complying with other legal requirements. 6 Subject to the above clarification, the Commissioner of Sugar shall consider the petitioner’s proposal for expansion of the crushing capacity as expeditiously as possible and preferably within one month from the date of receipt of this order. 7 The petition is accordingly, disposed of in terms of the above directions. CHIEF JUSTICE SMT. RANJANA DESAI, J.