Bombay High Court
Shree Renuka Sugars Limited Pathri ... vs The State Of Maharashtra And Others on 26 October, 2021
Author: R. N. Laddha
Bench: S. V. Gangapurwala, R. N. Laddha
1 wp 11901.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
959 WRIT PETITION NO.11901 OF 2021
SHREE RENUKA SUGARS LIMITED PATHRI THROUGH ITS
AUTHORIZED REPRESENTATIVE MOHAN T. PATIL
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner: Mr. V. D. Salunke
I/c. GP for Respondents/State: Mr. D. R. Kale
...
CORAM: S. V. GANGAPURWALA &
R. N. LADDHA, JJ.
DATE: 26th OCTOBER, 2021 PER COURT: 1. Mr. Salunke, learned Advocate for the
petitioner submits that the petitioner has paid the FRP amount as per the base rate of 10% as fixed by the Central Government. The Commissioner of Sugar has decided the recovery rate as 10.44%, whereas, Regional Joint Director has decided the recovery rate as 10.69%. There is confusion in the same, as such, the Government has appointed 9 member Committee. The matter is subjudiced before it. As the petitioner has already paid the base FRP price there is no reason for withholding the ::: Uploaded on - 28/10/2021 ::: Downloaded on - 28/10/2021 23:47:58 ::: 2 wp 11901.2021 license of the petitioner on the ground of non- payment of the FRP.
2. Mr. Kale learned In-charge Government Pleader submits that as the FRP is not paid the authority has rightly issued the communication.
3. It appears that the authority has not considered the stand put-forth by the petitioner.
4. The petitioner shall give reply / clarification and it's say to respondent no. 3 by 01.11.2021. Respondent no. 3 shall consider the reply / clarification given by the petitioner and take decision for renewal of the license of the petitioner preferably within seven (07) days from the date of reply / clarification. Naturally, the authority is required to consider the issue subjudiced before the 9 member Committee also.
5. With these observations, writ petition is disposed of. No costs.
[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.] marathe ::: Uploaded on - 28/10/2021 ::: Downloaded on - 28/10/2021 23:47:58 :::