TANAJIRAO TATYASAHEB KOKARE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, considering the challenge raised heard forthwith.

(2.) The above Writ Petition takes exception to the orders dated 13.6. 2017 and 17.6.2017 passed by the Director of Sugar granting financial and administrative approval for the modernization of the sugar factory and distillery respectively, in so far as the Respondent No.4 sugar factory is concerned. The Respondent No.5 is a formal party as no reliefs are claimed against the said Respondent.

(3.) The Respondent No.4 is a cooperative sugar factory (sakhar karkhana) registered under the provisions of the Maharashtra Cooperative Societies Act, 1960 (for short the MCS Act). The Respondent No.4 has approximately 14,000 members on its roll. The above Petition has been filed by the Petitioners who claim to be "A" class members out of which 6 Petitioners are the Directors of the Respondent No.4 and therefore the members of the board of the Respondent No.4. The genesis of the impugned orders passed by the Director of Sugar lies in the order dated 11.4.2017 of a Division Bench of this Court in PIL No.20 of 2006. The said PIL had arisen out of the letter dated 15.6.2005 addressed by one Shri Ashok Kulkarni who had worked as Project Consultant and Coordinator for various sugar factories to the Hon'ble the Chief Justice of this Court regarding the conditions of the sugar factories in the State of Maharashtra. The said letter came to be treated as a PIL wherein the said Shri Ashok Kulkarni was shown as the Petitioner. This Court in the said PIL has passed orders from time to time including one directing the Commissioner of Cooperation not to issue any permission for the establishment of any new sugar factories. On 14.3.2011 a Division Bench of this Court directed the State Government and the Commissioner of Co operation not to give any permission to any sugar factory for expansion, modernization, alteration without the leave of this Court.