1 wp-4552-10 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4552 OF 2010 Ghodganga Sahkari Sakhar Karkhana Ltd. .. Petitioner Vs. State of Maharashtra and anr. .. Respondent Mr. A.V. Anturkar i/by Mr. S. B. Deshmukh for petitioner. Mr. S.R. Nargolkar, AGP for respondents. CORAM: B. H. MARLAPALLE & N. D. DESHPANDE JJ. SEPTEMBER 14, 2010. P.C. 1. Heard Mr. Anturkar the learned counsel for the petitioner – Karkhana. 2. Rule. 3. Mr. Nargolkar, the learned AGP waives service for the 2 wp-4552-10 respondents. 4. Petition is a co-operative sugar factory and it is aggrieved by the order dated 22/4/2010 passed by the respondent no.2 and more particularly Clause 1 (partly). Similar order was passed in respect of the applications filed by Shri Someshwar Sahakari Sakhar Karkhana Ltd., Someshwarnagar, District – Pune as well as Shri Vitthalrao Sahakari Sakar Karkhana and they had approached this court in Writ Petition No. 1392 of 2010 and Writ Petition No. 1926 of 2010 respectively and both the petitions came to be allowed. Undoubtedly, this petition also has to be allowed for the same reasons and in terms of the very same directions. In Writ Petition No. 1392 of 2010, this court in its order dated 25/2/2010 noted that the opinion of the Law and Judiciary Department relying upon the order passed by this court in PIL No. 20 of 2006 to the effect that existing sugar factory cannot increase the production capacity was wrong and also rendered the order of the Commissioner of Sugar dated 8/9/2009 erroneous. The impugned order in this petition is also on the same lines and, therefore, it is unsustainable. 5. Hence, this petition succeeds and the impugned order, so far as 3 wp-4552-10 Clause No.1 (part) is concerned, is hereby set aside. The Commissioner for sugar is directed to consider the issue about the enhancement of crushing capacity in the coming season and decide it afresh in accordance with law as expeditiously as possible and in any case within a period of six weeks. 6. Rule is made absolute accordingly without any order as to costs. (N. D. DESHPANDE, J.) (B. H. MARLAPALLE, J.)