M/S. The Kovur Co-Op. Sugar Factory Ltd., v. Union Of India,
THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR W.P.No.3049 OF 2008 ORDER:
The present writ petition came to be filed seeking issuance of writ of Mandamus to declare the action of the respondents in applying Clause 4 of the Sugar (Control) Order, 1966 and Section 3D of the Essential Commodities Act, 1955 to the entire sugar produced by the petitioner company as arbitrary and illegal, and consequently, to declare that the petitioner company is entitled to sell its free sale sugar stocks manufactured during the season year 2007-2008.
2. When the matter is taken up for hearing, the learned counsel for the petitioner placed on record the order dated 29.10.2009 in W.P.Nos.24852 of 2003 and batch and also the order dated 10.03.2008 in W.P.No.18228 of 2004 passed by this Court, wherein this Court directed the respondents therein not to take any steps for prosecution of petitioner for sale of levy/free-sale sugar. It is to be noted that on 15.02.2008, this Court granted interim direction permitting the petitioner to sell its free sale sugar stock manufactured during the sugar year 2007-2008 subject to clearing the dues payable to the farmers for the sugarcane crop of previous years and for the present crop.
3. Since the writ petitioner was allowed to sell its free sale sugar stock pursuant to the interim order, the writ petition is disposed of directing the respondents herein not to take any steps for prosecution of petitioner for sale of levy/free-sale sugar. It is needless to mention that the writ petitioner is always at liberty to approach this Court if it is aggrieved by the action taken by the respondents. There shall be no order as to costs.
4. Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.
_______________________________ JUSTICE C.PRAVEEN KUMAR Date: 03.11.2015 AMD Note:- Registry to annex copies of order dated 29.10.2009 in W.P.Nos.24852 of 2003 and batch and also the order dated 10.03.2008 in W.P.No.18228 of 2004 to this order.
THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR
W.P.No.3049 OF 2008 DATE: 03.11.2015 AMD