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:

26^th 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

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