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Bombay High Court

Shri Sangramsingh @ Dhananjay ... vs The State Of Maharashtra Thru Dept. Of ... on 30 October, 2018

Bench: K.K. Tated, N. J. Jamadar

                                                              14 wp12307-18.doc


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CIVIL APPELLATE JURISDICTION

                      WRIT PETITION NO.12307 OF 2018


 Shri Sangramsingh Alias Dhananjay
 Sampatrao Mahamulkar and Ors.                              .. Petitioners

          V/s.

 The State of Maharashtra and Ors.                          .. Respondents



 Mr.Yogesh Pandey for the Petitioner

 Mr.A.P.Vanarase, A.G.P. for the Respondent nos.1 to 6

 Mr.U.B.Bobade i/b Mr.J.H.Ramugade for the Respondent no.7


                                        CORAM:     K.K. TATED &
                                                   N. J. JAMADAR, JJ.
                                        DATED :    OCTOBER 30, 2018
 P.C. :


 1        Heard the learned counsel for the parties.


 2        Advocate             Mr.U.B.Bobade   submits      that      he     received

instruction to appear on behalf of Respondent nos.7.

3 By this petition under Article 226 of the Constitution of India, the Petitioner is seeking direction against the Respondent to comply the order dated 26.04.2018 passed by Respondent no.3 directing Respondent no.7 Sugar Factory to pay sum of Rs.4786.98 Lakh to the farmers. He submits that though the Mohite 1/2 ::: Uploaded on - 01/11/2018 ::: Downloaded on - 02/11/2018 01:42:16 ::: 14 wp12307-18.doc order was passed by the Sugar Commissioner on 26.04.2018 Respondent no.7 failed and neglected to comply the said order. Not only that, even other Respondents failed to take appropriate action against Respondent no.7 for recovery of this amount. Considering these facts, following order is passed:

a) Learned A.G.P. is directed to file their Affidavit-in-Reply explaining within how much time they will execute the order dated 26.04.2018 passed by Respondent no.3 Sugar Commissioner.
b) Learned A.G.P. is also directed to take instruction from the concerned authority within how much time they will take action against Respondent no.7 and their officers as per Maharashtra Regulation of Sugarcane Price (Supplied to Factories) Act, 2013 and as per Sugarcane (Control) Order, 1966.
c) Affidavit-in-Reply be filed on or before 01.11.2018 with copy to other side.
d) Liberty granted to the other Respondents if they so desire to file reply.
e)` Matter to appear on board on 02.11.2018.
          (N. J. JAMADAR, J)                        (K.K. TATED, J.)




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