- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2225 OF 2007 ... Shri Khandoba Prasanna Sakhar Karkhana Limited & ors. ...Petitioners v/s. Union of India & ors. ...Respondents ... Mr.Y.S.Jahagirdar with Mr.V.B.Naik and Ms.Hemangi Abhyankar & Ms.Mrinali Rajpal i/b M/s.Naik, Naik and Iyer & Co. for Petitioners. Mr.Y.S.Bhate with Mr.R.C.Master for Respondent No.1. Mr.A.V.Anturkar i/b R.V.Govilkar for the Respondent No.5. - 2 - WITH WRIT PETITION NO.5093 OF 2007 ... Sahayadri Sahakari Sakhar Karkhana Limited ...Petitioner v/s. State of Maharashtra & ors. ...Respondents ... Mr.C.M.Korde i/b Bhushan V. Mahadik for the Petitioner. Mr.A.V.Anturkar i/b Mr.R.V.Govilkar for Respondent No.6. Mr.Y.S.Bhate with Mr.R.C.Master for Respondents Nos. 2 to 5. - 3 - ... CORAM: D.K.DESHMUKH & J.P.DEVADHAR, JJ. DATED: 29TH JULY, 2008 P.C.: By consent of parties, both the petitions are disposed of in following terms: 1. The Joint Secretary, Government of India, Ministry of Consumer Affairs & P.D. Department of Food & Public Distribution, Directorate of Sugar, New Delhi shall decide following points and make consequential order pursuant to the findings recorded on these points: (i) Whether the submission of IEM of M/s.Mahavir Sugar Works on 10th October, 1998 is valid in law; - 4 - (ii) Whether the application made by M/s.Mahavir Sugar Works dated 10th January, 2006 for amendment in the IEM was allowed by the authority correctly and legally; (iii) Whether the application made by M/s.Jaywant Sugars Ltd. for amendment in the IEM was allowed in accordance with law by the authorities; 2. These questions shall be decided by the authority mentioned above in accordance with law and after hearing M/s.Jaywant Sugars Ltd. The authorities may also hear such other persons as in the opinion of the authority can be said to be aggrieved by the decision that may be taken by the authorities on the aforesaid questions, including the Petitioners in the above referred two petitions. 3. It is clarified that M/s.Jaywant Sugars Ltd. would be entitled to challenge before the authorities the competence or necessity of hearing the Petitioners by raising - 5 - objection. 4. If such an objection is raised, the authority shall decide it in accordance with law, by a speaking order. 5. It is clarified that the decision on the above three questions is also to be recorded by the authority by a speaking order. 6. For the purpose of aforesaid inquiry, M/s.Jaywant Sugars Ltd. will appear before the authority on 4th August, 2008 at 12 noon, with a copy of this order. 7. The learned Counsel appearing for the Petitioners in both the petitions state that the Petitioners will also appear before the authority on 4th August, 2008. 8. The authority shall pass the order, as directed above, as expeditiously as possible, in any case within a period of eight weeks from 4-8-2008. It is clarified that no request for extension of time shall be - 6 - entertained by this court. 9. The interim order which may be presently operating in both these petitions shall continue to operate during the pendency of the proceedings before the authority pursuant to this order. 10. The Petitioners in both these petitions and M/s.Jaywant Sugars Ltd. through their advocates assure the court that they will co.operate with the authority in completing the inquiry within the aforesaid time frame. Both these petitions disposed of with no order as to costs. Parties & authorities concerned to act on a simple copy of this order duly authenticated by the Associate of the Court as a true copy. (D.K.DESHMUKH, J.) (J.P.DEVADHAR, J.) - 7 - - 8 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6987 OF 2007 ... Ajinkayatara Sahakari Sakhar Karkhana Limited ...Petitioner v/s. State of Maharashtra & ors. ...Respondents ... Mr.Abhinandan B. Vagyani for the Petitioner. Mr.Y.S.Bhate with Mr.R.C.Master for Respondent No.2 to 5. Mr.A.V.Anturkar i/b R.V.Govilkar for the Respondent No.6. ... CORAM: D.K.DESHMUKH & J.P.DEVADHAR, JJ. DATED: 29TH JULY, 2008 - 9 - P.C.: The learned Counsel appearing for the Respondent No.6 M/s. Jaywant Sugars Ltd. states that within a period of two weeks from today an undertaking will be filed in this court undertaking to this court that in case the Respondent No.6 is permitted to set up a Sugar Mill as per the IEM, it will not take sugarcane from the area of the Petitioner. Statement is accepted. In view of this statement, on a motion made by the learned Counsel appearing for the Petitioner, petition is permitted to be withdrawn. Rule discharged with no order as to costs. (D.K.DESHMUKH, J.) (J.P.DEVADHAR, J.)