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2002 Supreme(Raj) 1952

RAJASTHAN HIGH COURT AT JAIPUR BENCH
M.R.Calla, Gyan Sudha Misra, JJ.
Ganganagar Sugar Mills and Distillery Mazdoor Ekta Samiti, Jhotwara through its General Secretary Ram Kumar & Anr. - Appellant
Versus
State of Rajasthan & Ors. - Respondent
D.B. Civil Writ Petition No. 4408 of 2002.
Decided On : 4-12-2002

For the Petitioners:Mr. Bajrang Lal Sharma, Sr. Advocate with Mr. C.S. Sharma, Advocates.
For the Respondent No. 1 and 3:Mr. R.B. Mathur, Advocate.
For the Respondent No.2:Mr. Manish Bhandari, Advocate.
For the Respondent Nos. 4 and 5.:Mr. Paras Kuhad, Advocate.

Headnote:

Constitution of India, Article 226 - PIL - Writ petition was filed challenging not only the State Government’s policy decision of supply of country liquor through private distilleries but also the eligibility of respondents for getting the contracts in their favour – Petition dismissed and held that it could not be treated as PIL since it has questioned the eligibility of other contractors also – further no material has been brought forth to deduce any mala fide or ulterior motive on the part of Government while taking such a decision – decision seems to be taken for raising revenue, hence needs no interference.

JUDGMENT

1. - This writ petition is proclaimed to have been filed in public interest by the petitioner-Mazdoor Ekta Samiti of Ganganagar Sugar Mills and Distillery based at Jhotwara, Jaipur through its General Secretary wherein two prayers essentially have been incorporated. First of all it has been prayed that an appropriate writ, order or direction be issued by this court restraining the respondent No.2-The Rajasthan State Ganganagar Sugar Mills Ltd. (hereinafter shortly referred to as "the RSGSM Company") from awarding contract to respondent No.4-M/s. Associated Alcohols & Breweries Ltd. and respondent No.5 - M/s. Globus Agronics Ltd. Alwar or any other private contractor for supply of country-liquor. Secondly it has been prayed that the respondent No.2-The Rajasthan State Ganganagar Sugar Mills Ltd. be directed not to use plastic Poly Pouches in the packing and supply of country-liquor as also to issue any other writ or direction, which is deemed just and proper.

2. While relating the circumstances under which this writ petition has been filed the petitioners have stated that the petitioner No. 1 is a trade-union of the employees working in the Rajasthan State Ganganagar Sugar Mills Ltd., which is registered under the provisions of the Trade Unions Act and its main object is to safeguard the interest of its members who are economically, socially, morally and politically weak. The petitioner No.2 is a share-holder of the Ganganagar Sugar Mills Ltd. who claims to be mainly interested in the affairs and the management of the company. It would be a futile exercise to further relate the aims and objects of the Ganganagar Sugar Mills Ltd., as it is not in dispute but the cause which ostensibly is claimed to have prompted the petitioner to file this writ petition arose when the respondent No. 1-State of Rajasthan constituted a committee under the convenorship of one Rajsingh Nirwan for reorganisation, strengthening and disinvestment of State Public Section Undertakings and Industrial Development and this committee submitted its report in the month of August, 2001 with its recommendations. One of the recommendations of this committee was that Sugar Division of the respondent No.2 - Ganganagar Sugar Mills Ltd. cannot be revived/rehabilitated on a viable basis and therefore, sugar division should be closed down. The committee further recommended with respect to liquor division also stating therein that although the liquor division has been giving substantial profits to the Government but State Government should not participate in such commercial activities and, therefore, the liquor division of the company should be privatised. In pursuance thereof the Secretary of the Department of Industries, State Enterprises Khadi and Gramadyog sought the opinion of the Finance Secretary on the report of Rajsingh Nirwan Committee and, thereafter the Department of Excise, Government of Rajasthan vide its letter dated 11.10.2001 also sought the comments of the respondent No.2 - RSGSM Company on the aforesaid report which forwarded its comments on the same to the State Government and is reported to have stated therein that in the public interest sugar division of the respondent-company should be modernised so that losses may be reduced and liquor division should not be privatised because it is giving annual income of Rs. 1400 lacs against selling prices of liquor and Rs. 100 lacs on account of sales-tax. It is asserted by the petitioner that ultimately a decision was taken that neither sugar division would be closed nor liquor division would be privatised and hence the Excise Commissioner of Rajasthan, Udaipur vide his letter dated 12.2.2002 directed the respondent-company to make arrangement of raw-material in order.to supply country- liquor for the year 2002-03. However, it is alleged, that the Director incharge of the Ganganagar Sugar Mill ignored and over-looked the instructions of the State Government and on his own took a decision to award the






























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