LAWS(KAR)-2006-8-30

GODAVARI SUGAR MILLS LTD Vs. STATE OF KARNATAKA

Decided On August 18, 2006
GODAVARI SUGAR MILLS LTD.REP. BY ITS DIRECTOR, SRI P.M. KAVADIA Appellant
V/S
STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT COMMERCE AND Respondents

JUDGEMENT

(1.) WRIT petition by a licensed sugar factory, which is allotted certain cane growing area as ear marked to it for supply of cane by the growers under the provisions of Sugarcane Control Order, 1966 (hereinafter referred to as "the Control Order" ).

(2.) THE present grievance of the petitioner is in the context that respondents 3, 4 and 5 have filed applications for setting up new sugar factories and such applications have been made to the State government, Department of Industries and Commerce. It appears such applications are pending as per the averment in the writ petition.

(3.) PETITIONER having come to know about this has represented to the Commissioner for Cane development and Director of Sugar, Petitioner has given a representation to the Director of industries, Cane Development in Karnataka requesting him not to divert or reduce the cane growing area allocated to the petitioner factory as it is likely that in the event of new licenses being issued to start further sugar factories in terms of the applications made by the respondents 3 to 5 some cane growing area will be allocated to them also and during such process if any area allocated to the petitioner is taken out and allocated to the newly started factories, petitioner's position becomes tenuous; that the petitioner may find it difficult to continue its activity of manufacturing sugar for want of adequate supply of cane.