LAWS(BOM)-2017-7-420

SANJAYKUMAR BHALCHANDRA PATIL Vs. STATE OF MAHARASHTRA

Decided On July 13, 2017
Sanjaykumar Bhalchandra Patil Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioners are challenging the order dated 03.07.2015 passed by the State, copy of which is annexed as Annexure - A to the petition.

(2.) The petitioners before us are claiming to be permanently residing within Chopda taluka. The fifth respondent is a Co- operative Sugar Factory, whereas respondent Nos. 1 to 3 are statutory authorities namely the functionaries under the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred as to the "Act of 1960"), under which the fifth respondent is registered. The fourth respondent is Collector, District Jalgaon. The sixth respondent is Buldhana Urban Co- operative Credit Society, which is a Multi State Co-operative Credit Society, which has lent and advanced money to the fifth respondent, but the fifth respondent has defaulted in repayment of the loan.

(3.) The petitioners claim that they are members of the respondent No. 5/society, sugarcane growers and agriculturists, who have supplied the sugarcane crops, which is raw material for manufacturing sugar. There is no dispute that the co-operative sugar factory received this raw material from the petitioners and the price was determined with the Government's intervention already. Thus, there was an agreement to supply a particular and specific quantity of raw material at a stipulated price and which price has to be tendered or paid, the moment the raw material received and crushed. However, there is a default in payment of that sum.