The Single Judge in Indian writ jurisdiction ruled on permit required for cooperative sugar factory for purchasing machinery and sugar classification system for existing projects.
The single Judge left it to absolute in terms of prayer clauses (b) and (c) for purchase of machinery.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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KJ
THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.3774 OF 2012
Shri Datta Shetkari Sahakari Sakhar ) Karkhana Ltd., )....Petitioner
V/s.
TheCommissioner of Sugar, Maharashtra ) State, Pune and Ors.
)....Respondents
Mr.Y.S.Jahagirdar Sr.Advocate along with V.B.Rajure for the petitioner.
Mr.S.R.Nargolkar AGP for respondents.
CORAM : S.A.BOBDE & MRS.MRIDULA BHATKAR,JJ.
DATE : 9th MAY, 2012.
P.C. :-
1 Rule, returnable forthwith. Heard finally at the stage of admission by consent of parties.
2 The only prayer made by the learned Senior Counsel Shri Jahagirdar for the petitioner is that the Court may grant the same relief which was earlier granted by the Division Bench of this Court in PIL No.20 of 2006. Shri Jahagirdar for the petitioner relied on the order dated 3.5.2011 by which this court directed the respondents to
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process all the applications or the proposals of the applicant Karkhana for purchases of machinery and other miscellaneous and ancillary items for co-generation projects in accordance with the policy laid down by the respondent State. Shri Jahagirdar learned Sr.Counsel for the petitioner further states that the petitioner will not be affected by the earlier interim order of the Division Bench by which Division Bench had not granted permission for such purchases in respect of new projects. Accordingly the learned Counsel only seeks permission to purchase in respect of the existing spare evaporator body as standby and syrup classification system.
3 In the circumstances these facts are not disputed on behalf of the respondents. On the other hand, Mr.Nargolkar learned AGP submits that no permission is necessary since the petitioner is a Multi State Co-operative Society and no financial aid is sought from the respondents for the proposed installation.
4 In the circumstances, rule made absolute in terms of prayer clauses-(b) and (c)
(MRS.MRIDULA BHATKAR,J)
(S.A.BOBDE,J)
3 wp3774.12
1 issue framed by the court
Whether the petitioner requires permission from the State Commission for purchasing machinery for co-generation projects under the lessening of licence condition.
KJ Shri Datta Shetkari Sahakari Sakhar Karkhana Ltd.
The Commissioner of Sugar, Maharashtra State, Pune
S.A.Bobde
Mrs.Mridula Bhatkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
