: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8012 OF 2009 B.R. Housing Pvt. Ltd. ... Petitioner Vs 1. State of Maharashtra & ors. ... Respondents ALONGWITH WRIT PETITIONS NO.8013/2009, 8014/2009, 8015/2009, 8017/2009, 8018/2009, 8020/2009, 8021/2009, 8023/2009, 8025/2009, 8026/2009, 8028/2009, 8029/2009, 8030/2009, 8031/2009, 8032/2009, 8033/2009 AND WRIT PETITION NO. 8034/2009. Mr. A.Y. Sakhare, senior counsel with Joydeep Mitra i/b Snehal Modi and Nikhil Ved for the petitioners. Mr. Vinay Masurkar, GP with Mr. C.R. Sonawane, AGP, and Mr. P.P. Kakade, AGP, Mr. S.N. Bhosle for the respondents. CORAM: S.B. MHASE & R.M. SAVANT, JJ. DATED : 17TH SEPTEMBER, 2009. P.C.: 1. In all the above Petitions, the petitioners have already filed Appeals with the State Government presuming that the State Government is : 2 : empowered to entertain and decide the Appeals under section 6-C of the Essential Commodities Act, 1955 (hereinafter referred to as “the said Act”). However, probably realising that this court has passed an order in Writ Petition No.7446 of 2009 and others, that the State Government is not possessed of the powers to entertain and decide the Appeals, the petitioners have approached this court. What is important to be noted is that apart from filing of the Appeal, the petitioners are challenging the order dated 26th March, 2009, called the Maharashtra Scheduled Commodities Wholesale Dealer’s Sugar (Storage Control) Licensing Order 2009. The petitioners have also challenged the order of the Collector confiscating the sugar. Since as against the confiscations, the Appeal has been provided for under section 6-C of the said Act, the petitioners have preferred the said Appeals also. Now the Government has issued a Notification under section 6-C and constituted the concerned District Judge as the Judicial Authority to decide the Appeal preferred under section 6-C. Therefore, what we find is that presently an alternate remedy is available to the petitioners. We dispose of these Petitions keeping open the challenge to the order dated 26th March, 2009 viz. the Maharashtra Scheduled Commodities Wholesale Dealer’s Sugar (Storage Control) Licensing Order 2009. We, therefore, issue the following directions: : 3 : (i) All the above Writ Petitions are disposed of by reserving the right to challenge the Maharashtra Scheduled Commodities Wholesale Dealer’s Sugar (Storage Control) Licensing Order 2009, if the occasion arises in future. The order dated 26th March, 2009, called the Maharashtra Scheduled Commodities Wholesale Dealer’s Sugar (Storage Control) Licensing Order 2009 and the order passed by the State Government on 28th August, 2009, by way of Government Resolution to put the confiscated sugar into public distribution system is hereby stayed till the final disposal of the Appeal and for a further period of two weeks thereafter in case the order is adverse to the petitioners. (ii) All other directions which have been given by us today i.e. 17th September, 2009, while disposing of Writ Petition No.7446 of 2009 and others are directed to be followed. 2. With the above directions, all the above Writ Petitions are disposed of. : 4 : 3. Parties are directed to act on an authenticated copy of this order. Sd/- Sd/- (R.M. SAVANT, J.) (S.B. MHASE, J.)