NATURAL SUGAR AND ALLIED INDUSTRIES LTD Vs. STATE OF MAHARASHTRA THROUGH FOR SECRETARY FOR CO-OPERATION, MARKETING AND TEXTILE DEPARTMENT, MANTRALAYA, MUMBAI

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally with consent of learned advocates for the parties.

(2.) By this petition under Article 226 of the Constitution of India, the petitioners are seeking a declaration that para 3 of the Government Resolution dated 21.10.2011 is ultra vires Article 14 of the Constitution of India as it creates a hostile discrimination between similarly placed persons. It is stated that the mandate of this Article is violated by a completely arbitrary distinction sought to be made.

(3.) By prayer clause 'C' the petitioners are praying for issuance of a writ of Mandamus or a writ, order, direction in nature thereof to pay to them the compensation for the recovery loss and compensation for the transportation charges as per the Government Resolutions dated 14.11.2011 and 06.05.2011 by ignoring para no.3 of the subsequent Government Resolution dated 21.10.2011.