VENKATESHWARA POWER PROJECT LTD (SUGAR FACTORY) Vs. CHIEF DIRECTOR (SUGAR) MINISTRY OF CONSUMER AFFAIRS AND PUBLIC DISTRIBUTION

JUDGEMENT

(1.) Heard the petitioner's counsel and also respondents' counsel.

(2.) The petitioner by invoking Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. sought for an order to issue a writ in the nature of certiorari or any other appropriate writ or direction by quashing the order dated 10.04.2013 in No.4-12(1)/2000/SC II/219, insofar relating to penal action is concerned against the petitioner as per Annexure-K passed by respondent No.1 herein and further sought for an order to issue a writ in the nature of certiorari or any other appropriate writ or order or direction by quashing the complaint dated 3.5.2013 as per Annexure-L given by respondent No.5 herein and the FIR in PS Crime No.112/2013 dated 3.5.2013 as per Annexure-M and sought for an order to issue a writ in the nature of mandamus or any other appropriate order or direction by directing respondents No.1 and 2 to reconsider the matter as per representation made by the petitioner by the letter dated 14.05.2013 as per Annexure-J and the letter dated 5.5.2013 as per Annexure-N and also issue a writ in the nature of mandamus or any other appropriate order or direction by directing respondents No.3 to 5 to intimate the direction issued by respondents No.1 and 2 regarding keeping in abeyance of the penal action as against the petitioner Sugar Factory and consider the representation dated 13.08.2013 as per Annexure-R.

(3.) The factual matrix of the case is that the petitioner is a company incorporated under the Companies Act, 1956 and has established a Sugar Factory at Bedkihal village of Chikkodi Taluka, District- Belagavi. The sugar plant is named as M/s. Venkateshwara Power Project Limited (Sugar Factory). Respondent Nos.1 and 2 herein are the Authorities who are empowered under Section 3 of the Essential Commodities Act, 1955 (hereinafter will be referred to as 'the Act') to give direction in respect of the production, regulation, supply, distribution etc. in respect of any of the Essential Commodities. In pursuance of Section 3 of the Act, the Central Government has issued the Sugar (Control) Order, 1966 and the Levy Sugar Supply (Control) Order, 1979 (herein afterwards will be referred to as "Control Order" and "Levy Order" respectively).