915-ia-20359-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION

INTERIM APPLICATION NO.20359 OF 2022

IN

WRIT PETITION NO.12018 OF 2022

Shri Nilkanth Rajaram Raskar

..

Applicant.

In the matter between

Shri Nilkanth Rajaram Raskar

..

Petitioner.

v/s.

The State of Maharashtra

& Others

..

Respondents.

Mr. Akshay Kapadia, for the Applicant/ Petitioner.

Mrs. Nisha Mehra, AGP for Respondent No.1- State.

Mr. P. B. Singh i/b. Mr. K. P. Shah, for Respondent No.6.

CORAM: S.V. GANGAPURWALA &

S.G.CHAPALGAONKAR,JJ.

DATED : 2^nd DECEMBER, 2022.

P.C:-

The learned Counsel for the Applicant submits that this Court

in its order dated 10^th October, 2022 passed in Writ Petition No.12018 of

2022 directed the Applicant to approach the Commissioner of Sugar. The

Petitioner has filed criminal case against Respondent No.6. As such, he

submits that the matter be directed to be decided or considered by some

other Officer/ Authority.

2

The Competent Authority is the Commissioner of Sugar. He is

one who would be considering the objection with regard to the payment

of FRP. If in case of Applicant, some other Officer is directed to take a

S.R.JOSHI

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SMITA

RAJNIKANT

JOSHI

Digitally

signed by

SMITA

RAJNIKANT

JOSHI

Date:

2022.12.05

14:24:50

+0530

915-ia-20359-2022.doc

decision then, it would be conferring powers upon him which he may not

posses as per the law. Moreover, in case of large number of person, it is

the Commissioner of Sugar who would be considering the dispute.

3

We cannot presume prejudice on the part of the

Commissioner of Sugar. It is trite that the transfer of matter cannot be ipsi

dixi.

4

If some orders goes against the Applicant, it is for the

Applicant to assail the same in accordance with law.

5

Application disposed of. No costs.

(S.G.CHAPALGAONKAR,J.)

(S.V.GANGAPURWALA,J.)

S.R.JOSHI

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