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1990 Supreme(Bom) 270

V.V.KAMAT, N.P.CHAPALGAONKER
Girdharilal S/o Bhaulal Pardeshi – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - N.P. CHAPALGAONKAR, J.:---These writ petitions filed by the agriculturists who have grown sugarcane in the areas reserved for the respondents - Sugar Factories by virtue of the provisions of the Maharashtra Sugar Factories (Reservation of Areas and Regulation of Crushing and Sugarcane Supply) Order, 1984, (for short hereinafter referred to as the Reservation Order), pray for a mandamus directing the respondents-Karkhanas to harvest and crush their sugarcane and for compensation for failure to harvest or for being late in harvesting and crushing the said sugarcane.

2. Out of two hundred seventy eight (278) petitioners, two hundred fourty (240) petitioners are members of the Karkhanas and thirty eight (38) are non-members. Petitioners, belonging, to these two categories, have registered their sugarcane with the respective Karkhanas. It is the case of the members that the bye-laws of the respective Karkhanas have cast an obligation on the Karkhanas to crush all the sugarcane of the members. The non-members also contend that because of the provisions of the Reservation Order it is the duty of the Karkhanas to crush the sugarcane produced by them in the reserved areas. They fu


































































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