1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5466 OF 2009 Vighnahar Sahakari Sakhar Karkhana Ltd. ...Petitioners v/s The Union of India and others ...Respondents WITH WRIT PETITION NO.5497 OF 2009 Anuraj Sugars Ltd. ...Petitioners v/s The Union of India and othes ...Respondents Mr S.P. Kadam for Petitioners. Mr K.R. Chaudhari with Mr N.R. Prajapati for Respondent Nos.1 and 2. CORAM : D.K. DESHMUKH AND K.K. TATED JJ. DATE : 17TH NOVEMBER 2009. 2 P.C. :- 1] The facts that are relevant for deciding these petitions are that the petitioners are Co- operative Sugar Factories. Admittedly, the provisions of the Levy Sugar Supply (Control) Order 1979 are applicable to the petitioners. In exercise of its power under that Order, the Central Government issued an order dated 17 th December 2008 directing amongst others the petitioners to sell from their respective factories sugar of the specified quantity to the Food Corporation of India. It was stated in the order that the quality of levy sugar to be supplied shall conform to ISS Grade produced by sulphitation / Carbonation process and packed in 50 kg. Bags. The levy sugar may be delivered ex-factory or despatched by rail as may be desired by the consignee. Pursuant to the order dated 17 th December 2008, the Food Corporation of India issued a order to the petitioners dated 25 th April 2009 for delivery of levy sugar by rail. These two orders, one dated 17 th December 2008 and 3 the other dated 25 th April 2009 are challenged. The challenge is that under the Levy Sugar Supply (Control) Order 1979, the Central Government cannot direct that the manufacturer will supply the levy sugar at the destination determined by the consignee. In our opinion, the submission is not well founded. The Central Government, because of the provisions of clause 2 of the said Order gets power to issue an order to direct the manufacturer to supply levy sugar of such type or grade and in such quantity and from such place of manufacture or storage to such person or organisation. In exercise of this power, the Central Government issued the order dated 17 th December 2008 to supply to the Food Corporation of India quantity of levy sugar which is mentioned in the order. The sale was to take place at the factories of the petitioners, but they were to make arrangement, of course at the cost of the consignee, to despatch the levy sugar by rail. The order dated 25 th April 2009 is in consonance with the order dated 17 th December 2008. The Levy Sugar Supply (Control) Order 1979 authorises the State 4 Government to issue order for sale of sugar of specified grade and quantity and it can also nominate the person in whose favour the supply is to be made. In our opinion, the Central Government therefore will also have power to direct the manufacturer to make arrangement for despatch of the levy sugar at the destination of the consignee, of course at the cost of the consignee. What further is to be seen here is that though the petitions challenge the order dated 17 th December 2008, the petitions were filed in May 2009, only after show cause notices were issued to the petitioners for failure to make the supply. In our opinion, considering that both the orders are within the power of the Central Government, interference by this Court in its extraordinary jurisdiction under Article 226 of the Constitution of India would not be in the interest of justice because the supply relates to essential commodity. Petitions are disposed off. Parties to act on the copy of this order 5 duly authenticated by the Sheristedar / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE K.K. TATED )