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Bombay High CourtWP/7010/2021disposed off

Anandwadi Agro And Animal Husbandry Producer Company Thr Its President Bajirao Aba Wanve And Others v. The Union Of India And Others

2021-09-06Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice R. N. Laddha3 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 119 WRIT PETITION NO.7003 OF 2021 KHANDESH KRISHI VICHAR MANCH, TQ. SINDKHEDA, DIST. DHULE ..PETITIONER

VERSUS

THE UNION OF INDIA AND OTHERS ..RESPONDENTS ...

Mr. Vinod Prakash Patil, Advocate for the Petitioner.

Mr. A. G. Talhar, ASG for Respondent No.1.

Mr. A. R. Kale, AGP for Respondents-State.

...

AND 120 WRIT PETITION NO.7010 OF 2021 ANANDWADI AGRO AND ANIMAL HUSBANDRY PRODUCER COMPANY AND OTHERS ..PETITIONERS

VERSUS

THE UNION OF INDIA AND OTHERS ..RESPONDENTS ...

Mr. Vinod Prakash Patil, Advocate for the Petitioners.

Mr. A. G. Talhar, ASG for Respondent No.1.

Mr. S. G. Karlekar, AGP for Respondents-State. ...

CORAM : S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATED : 06th SEPTEMBER, 2021.

PER COURT:- 1.

Heard Mr. Patil, learned counsel for petitioners.

2.

The petitioners seek directions against respondents to finalize the name of 21 companies/group recommended as per communication

(2) dated 15/18.11.2019 and further direction to include the name of petitioners company and to issue work order immediately.

3.

The release of funds under ATMA scheme is based on State Extension Work Plan prepared by the State Government. The components of Seed Village Programme and setting up of seed production-seed processing units and seed storage godown facilities at Grampanchayat level under Creation of Seed Infrastructure Facilities to implement as per existing operational guidelines of Sub-Mission on Seed and Planting Material. The State of Maharashtra under Government Resolution dated 21.01.2019, published list of Farmer Produce Companies and other groups for setting up of Seed Processing Unit and Seeds Storage Godowns in the State at district levels. The Central Government provides finance to such companies. The finance to these 50 units is provided in the State of Maharashtra. According to the learned counsel, the names of petitioners were included in the list of 50 units. Further, subsequently, they are not given the benefit of it. The equitable distribution is not maintained by respondents. 4.

The learned A.G.P. submits that, the Government of India has re-validated the unspent amount of Rs.15 crores and the same would now be utilized according to priority wise local needs. The State Government has taken decision to give

(3) priority to the projects as per location wise need irrespective of the sequence of receipt of the projects. The learned A.G.P. on instructions submits that, the petitioners' units will also be considered as per the scheme and policy.

5.

It is for the State Government to arrive at conclusion whether the names of petitioners' units figure in the list of units earmarked for the benefits. The Government may also consider the proposals of petitioners as per its policy while taking decision for setting up of 50 units out of which 20 are already granted work order.

6.

With these observations, writ petitions are disposed of. No costs.

(R. N. LADDHA) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/September-2021