Patna High Court - Orders
M/S Sasa Musa Sugar Works Ltd. & Anr vs The Union Of India & Ors on 12 April, 2012
Author: Sheema Ali Khan
Bench: Sheema Ali Khan
Patna High Court CWJC No.7137 of 2012 (3) dt.12-04-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7137 of 2012
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1. M/S Sasa Musa Sugar Works Ltd., P.O. Sasa Musa, P.S. Kuchaikot,
District-Gopalganj, Through Its Factory Manager, Shree Jamaluddin Son Of
Late Nehaluddin
2. Mahmud Ali Son Of Late Alhaj Amir Hasan Managing Director Of M/S
Sasa Musa Sugar Works Ltd., Resident Of Sasa Musa, Police Station-
Kuchaikot, District-Gopalganj
.... .... Petitioner/s
Versus
1. The Union Of India Through The Secretary, Ministry Of Consumer
Affairs And Public Distribution (Department Of Food And Public
Distribution), Government Of India, Krishi Bhawan, New Delhi-110001
2. The Joint Secretary (Sugar), Ministry Of Consumer Affairs And Public
Distribution Null (Department Of Food And Public Distribution),
Governement Of India, Krishi Bhawan, New Delhi-110001
3. The Chief Director (Sugar) Government Of India, Ministry Of Consumer
Affairs, Food And Public Distribution Null (Department Of Food And
Public Distribution), Directorate Of Sugar, Krishi Bhawan, New Delhi-
110001
4. The Director (Cost.), Government Of India, Ministry Of Consumer
Affairs, Food & Public Distribution, Directorate Of Sugar, Krishi Bhawan,
New Delhi-110001
5. The Dy. Director (Cost) Government Of India, Ministry Of Consumer
Affairs, Food & Public Distribution, Directorate Of Sugar, Krishi Bhawan,
New Delhi-110001
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. S.M. Shabbir Alam
For the Respondent/s : Mr. Raghib Ahsan(Asst.Sg)
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CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN
ORAL ORDER
2 12-04-2012Counsel for the petitioner is permitted to correct the date page 4 of the writ petition.
Heard learned counsel for the petitioners and the counsel for the Union of India.
This writ petition has been filed for a direction to the respondents to issue release order for export of sugar to the extent Patna High Court CWJC No.7137 of 2012 (3) dt.12-04-2012 of 748 M. tones as per the provisions of the guide lines laid down by Government of India on 23.2.2012. Clause (vi) of the said guide lines provides "that all complete applications for R.Os will be processed within three working days. However, in cases where the applicant factor / sugar supplying factories is found defaulter with regard to timely submission of the statutory returns i.e. FR I forms, RT-7 C, production returns in Proforma II, timely delivery of levy sugar; speedy settlement of cane price arrears at least of last sugar season, compliance of regulations related to sugar industry including change of name etc., in such cases export release order will be kept on hold till the period factory submits the requisite documents / clarifications to be satisfaction of the Directorate of Sugar".
The petitioners applied on 22.3.2012 annexing all the required documents, such as, FR I forms, RT-7 C, production returns in Proforma-II so that the order may be issued by the respondents. Despite completing the formalities, the respondents have passed no order for release in case of the petitioner whereas they have allowed applications of several other sugar mills as would be clear from Annexure 4.
I, therefore, direct the respondents to consider the application filed by the petitioners on 22.3.2012 within the Patna High Court CWJC No.7137 of 2012 (3) dt.12-04-2012 statutory period provided i.e. three days on receipt of a copy of this order. The petitioners will be at liberty to provide a copy of this order before the respondents.
This writ petition is disposed of with the aforesaid observation and direction.
(Sheema Ali Khan, J) haque/-