The Ugar Sugar Works Ltd., vs The Union Of India on 20 July, 2018

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Karnataka High Court

The Ugar Sugar Works Ltd., vs The Union Of India on 20 July, 2018

Bench: Aravind Kumar

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 20TH DAY OF JULY, 2018

                          BEFORE

        THE HON'BLE MR.JUSTICE ARAVIND KUMAR

         WRIT PETITION No.29325/2018 (GM-RES)

BETWEEN:

The Ugar Sugar Works Ltd.,
Registered office at: Mahaveernagar,
Sangli, Maharashtra - 416 416,
Represented by its Authorized Officer
 & Bangalore Office Manager,
Narayan Satu Nayak,
S/o. Satu Nayak,
Aged about 68 years.                         ...Petitioner

(By Sri. Shashidhara H.N., Advocate)

AND:

1.     The Union of India,
       Ministry of Consumer Affairs,
       Department of Food and
        Public Distribution,
       Krishi Bhavan,
       New Delhi - 110 001.
       By its Secretary.

2.     The Joint Secretary,
       The Union of India,
       Ministry of Consumer Affairs,
       Department of Food and
        Public Distribution,
       Krishi Bhavan, New Delhi - 110 001.
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3.   The Chief Director (Sugar Development Fund),
     Directorate of Sugar,
     Ministry of Food & Consumer Affairs,
     Department of Food &
      Public Distribution,
     Government of India,
     New Delhi - 110 001.

4.   The Director (Cost),
     Government of India,
     Ministry of Food & Public Distribution,
     Directorate of Sugar,
     Krishi Bhavan,
     New Delhi - 110 001.                    ...Respondents

(By Sri. R. Nataraj, CGC)

     This Writ Petition is filed under Articles 226 and 227
of the Constitution of India, praying to direct respondents to
release the export subsidy in respect of the internal
transport and freight charges, etc. as per Rule 20 of the
Sugar Development Fund (Amendment) Rules, 2002 to the
petitioner and etc.

     This Writ petition coming on for Preliminary Hearing
this day, the Court made the following:

                             ORDER

Heard Sri. H.N. Shashidhara, learned counsel appearing for petitioner and Sri. R. Nataraj, learned Central Government Counsel appearing for respondents.

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2. Petitioner who is a sugar manufacturer has sought for release of export subsidy from respondents and in that regard a claim has been made and all the details is said to have been furnished by petitioner to the respondents. Petitioner has also submitted representations on 06.11.2004, 14.07.2008, 17.09.2011 and 25.04.2012 (Annexures - H, L, V and W, respectively) to release the export subsidy with interest at 8% per annum on account of non consideration of same, petitioner is seeking for a direction to the respondents to consider said representations. In the light of said representations having not been considered, it would suffice if a direction is issued to respondents No.1 and 2 to examine the claim of petitioner by considering the representations dated 06.11.2004, 14.07.2008, 17.09.2011 and 25.04.2012 expeditiously at any rate within three months from the date of receipt of certified copy of this order.

3. In the event of respondents accepting the prayer of the petitioner and is of the opinion that export subsidy is

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to be released, said payment shall be made within two months from the date of such order being passed.

Sri. R. Nataraj, learned Central Government Counsel appearing for respondents, is permitted to file memo of appearance within four weeks from today.

SD/-

JUDGE SV/-

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