LAWS(KAR)-2012-7-204

UNION OF INDIA Vs. NIRANI SUGARS LIMITED

Decided On July 16, 2012
UNION OF INDIA Appellant
V/S
NIRANI SUGARS LIMITED Respondents

JUDGEMENT

(1.) THE appellants have preferred this appeal being aggrieved by the order of the learned Single Judge dated 14 th March 2011 passed in W.P. No.1073/2010.

(2.) THE respondent � Sugar Factory filed writ petition to declare the action of the appellants herein in limiting the sale of sugar quota is violative of the fundamental rights of the Sugar Factory. According to the writ petitioner, out of the total production of the sugar 10% is earmarked as levy sugar, remaining 90% is free sale quota of the Sugar Factory and the sugar factory is permitted to sell based on the release order to be issued by the State Government. On the ground that restriction placed on the sale of sugar manufactured by the factory is in the nature of prohibition, requested the learned Single Judge to issue a writ of mandamus or a direction not to impose any restriction of sale of free sale quantity of sugar manufactured by it.

(3.) IN the circumstances, we are of the view that no useful purpose will be served by admitting this appeal as the appeal has become infructuous.