KHANDESH ROLLER FLOUR MILLS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition filed by petitioners Khandesh Roller Flour Mills under Article 226 of the Constitution of India pray for a writ of mandamus or other appropriate writ, order or direction in the nature of an order against the respondent No. 2 who is the Deputy Secretary, Food and Civil Supplies Department of the State of Maharashtra and is also the Licensing Authority under the Wheat Roller Flour Mills (Licensing and Control) Order, 1957 to grant a milling license as per the application made by the petitioners on September 16, 1980 in favour of the petitioners as expeditiously as possible.

(2.) This petition raises an important question as to whether an authority which is vested with the discretion to exercise certain powers should act under the direction of any other authority, in this case the Government of India, for disposing of the application for granting a milling license under the said order.

(3.) In order to appreciate the contentions raised by Shri V.R. Manohar, the learned Counsel appearing for the petitioners, the relevant facts which lie in a narrow compass can be briefly referred to. The petitioners are the registered partnership firm under the provisions of the Indian Partnership Act, having their registered office at Nagpur and were desirous of establishing and installing a roller flour mill at Jalgaon in response to a press note issued by the State Government inviting applications for setting up a roller flour mill of a capacity of 30 tons per day, made an application to the State of Maharashtra on October 12, 1979 and sought the requisite permission to install a new roller flour mill. At this stage, it must be mentioned that the Government of India had imposed a ban on installation of new roller flour mills earlier to the issuance of this press note which was issued in September 1979. However, the Government of India took a decision and decided to relax its ban and allow the setting up of a roller flour mill plant of a capacity of 30 tons on certain conditions. After the petitioners filed this application, the respondent No. 1 by communication dated January 29, 1980 granted such permission to the petitioners subject to the terms and conditions contained therein. As per his permission, certain conditions were imposed and these conditions may be referred to at this stage since it is the case of the petitioners that notwithstanding their having complied with all the conditions, the respondents have either unjustifiably delayed in issuing the milling license or have not taken decision for reasons which are not germane to issuing of such license. According to the communication dated January 29, 1980 petitioners were informed that their application for permission to install a new roller flour mill within the district of Jalgaon was granted subject to the following conditions :---