GURUPAD LACHAMANNA CHINTALWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS group of petitions involve common questions to be decided by us and hence they are heard together on 29-4-2000 and are being disposed of by this common judgment.

(2.) THE petitioners are sugarcane growers within the area reserved for the respondent No. 2 sugar factory as per the Maharashtra Sugar Factories (Reservation of Areas and Regulation of Crushing and Sugar Supply) Order, 1984 (for short Reservation Order) issued under the powers conferred on the State Government by the Sugarcane (Control) Order, 1966. The first petitions i. e. Writ Petition No. 2191 of 1995 and Writ Petition No. 2195 of 1995 came to be presented before this Court on 26th May, 1995 seeking for directions against the Karkhana to harvest and crush the sugarcane grown by the petitioners. By an order dated 31-5-1995, the learned Vacation Judge, while issuing notices to the respondents, gave interim directions to the Karkhana to harvest transport and crush the sugarcane of the petitioners from their agricultural lands located in taluka Degloor, Districts Nanded within 7 days. Subsequently, similarly placed sugarcane growers approached this Court and Writ Petition No. 3297 of 1995 came to be presented by way of an application before this Court by two sugarcane growers on 12-7-1995. This Court, therefore, directed all the connected writ petitions to be clubbed together and placed for orders on 19-7-1995, about 85 petitions were registered before this Court, filed by different sugarcane growers within the reserved area of respondent No. 2 sugar factory. It was contended by the petitioners that though they had cultivated sugarcane within the reserved zone of the respondent No. 2 factory, their sugarcane was not harvested and, on the other hand, the respondent No. 2 factory was importing sugarcane from the neighbouring States of Andhra Pradesh and Karnataka as well as from the areas which were outside the reserved area of respondent No. 2 factory. It was also alleged that the petitioners belonged to different political party i. e. Shetkari Sanghatana, the officers of the respondent No. 2 factory solely on account of political considerations refused to harvest and crush the petitioners sugarcane. A letter dated 18th July, 1995 addressed by the Regional Joint Director of Sugar, Nanded, to the Assistant Government Pleader, High Court, was also produced confirming thereby that the sugar factory had crushed the sugarcane to the extent of about 4645 metric tons from Andhra Pradesh and 2334 metric tons from Karnataka without there being any authorisation from the Director of Sugar or any other competent authority under the Zoning/reservation Order to issue licence and/or permits. The Zoning/reservation Order was held to be intra vires and proper by the Supreme Court in the case of (Maharashtra Rajya Sahakari Sakhar Karkhana Sangh Limited v. The State of Maharashtra and others), 1996 (1) Mah. L. R. 174 and it was further held that the members and non members of a sugar factory are required to supply their sugarcane to the concerned sugar factory in whose Zone the sugarcane is grown. This Court, therefore, directed by its order dated 19-7-1995 to deposit an amount of Rs. 1,38,00,000/- by the respondent No. 2 sugar factory. An amount of Rs. 32,20,000/- was directed to be deposited within four weeks and the balance amount was to be deposited within 8 weeks by way of interim relief any liberty was granted to apply for withdrawal.

(3.) THIS order was challenged by the respondent sugar factory before the Supreme Court. The SLP was withdrawn with liberty to approach this Court for appropriate reliefs. An amount of Rs. 32,20,000/- came to be deposited on 18-8-1995 by the sugar factory. Further amount was deposited making the total of Rs. 62,20,000/ -.