ANOOP V. MOHTA, J.:- The petitioners "the producers of the cotton seed" have challenged the statutes and notifications of the State of Maharashtra (the State) of "price control of cotton seed" in Maharashtra.

2. In W.P. 2207 of 2008 (AICBA v. State of Maharashtra & Ors.), the petitioners challenged the validity of the Maharashtra Cotton Seed (Regulation of Supply, Distribution, Sale and Fixation of Sale Price) Ordinance, 2008 (the Ordinance) (published in the official Gazette on 23.05.2008) and Notification dated 23.05.2008 (the notification) fixing the Maximum Retail Price (MRP) of Bt. cotton seeds.

An interim order was passed on 27.06.2008 "...whenever the Ordinance is issued or legislation is evolved by the Legislature, State cannot shirk its responsibility to make good the loss, if any caused in the event such Ordinance or Legislation is held to be unconstitutional and is quashed and set aside by the Courts. In the present case, if the petition succeeds appropriate orders in this regard will be passed; however since the rule is made returnable on 20.08.2008, we are not inclined to stay the effect and operation of the impugned ordinance at this stage."

3. In W.P. 3390 of 20