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High Court of Judicature at Bombay Addresses Petition Challenging Administrative Approvals for Sugar Factory Modernization under Maharashtra Cooperative Societies Act. Court Considers Whether Alternate Remedy of Revision under Section 154 of Maharashtra Cooperative Societies Act Bars Writ Petition.

High Court: Bombay High Court Bench: BOMBAY
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2026-10-12 23:15:11
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Issue of Consideration

Whether the writ petition is maintainable in view of the alternate remedy of revision under Section 154 of the Maharashtra Cooperative Societies Act, 1960; and whether the impugned orders granting financial and administrative approval for modernization were passed in accordance with the parameters set by the High Court in PIL No.20/2006 and relevant circulars.

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Case Details

2017 LawText (BOM) (09) 78

Writ Petition No.9185 of 2017

2017-09-27

R. M. Savant, Sandeep K. Shinde

2017:BHC-AS:26052-DB

Y. S. Jahagirdar, S. S. Kanetkar, A. V. Anturkar, Manisha Jagtap, Kavita Solunke

Tanajirao Tatyasaheb Kokare & Ors.

The State of Maharashtra & Ors.

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Nature of Litigation

Public interest litigation regarding modernization of cooperative sugar factory, with members challenging administrative approvals.

Remedy Sought

Petitioners sought quashing of orders dated 13-06-2017 and 17-06-2017 passed by the Commissioner of Sugar.

Filing Reason

Alleging that the impugned orders were passed without following due procedure, in violation of court directions in PIL No.20/2006, and ignoring objections.

Previous Decisions

The Bombay High Court in PIL No.20/2006 had earlier imposed restrictions on expansion/modernization of sugar factories; by order dated 11-04-2017, it directed the Commissioner of Sugar to consider applications on merits without requiring court leave. The petitioners had filed civil applications opposing the relief sought by the respondent sugar factory.

Issues

Whether the writ petition is maintainable in view of the alternate remedy of revision under Section 154 of the Maharashtra Cooperative Societies Act, 1960? Whether the impugned orders were passed in accordance with the parameters set by the High Court in PIL No.20/2006 and the relevant circulars, and whether they suffer from non-consideration of material, violation of natural justice, etc.?

Submissions/Arguments

Petitioners argued that the orders are not under any provision of MCS Act, so revision under Section 154 is not available; there is breach of natural justice; endorsement by Minister makes revision futile; orders are not speaking orders; circulars were not followed; financial position misrepresented; shortage of molasses ignored. Respondent No.4 raised preliminary objection that alternate remedy of revision under Section 154 of MCS Act is available and relied on Shireen Sami Gadiali vs. Spenta Coop Hsg Soc Ltd.

Judgment Excerpts

Rule, considering the challenge raised heard forthwith. The above Writ Petition takes exception to the orders dated 1362017 and 1762017 passed by the Director of Sugar granting financial and administrative approval for the modernization of the sugar factory and distillery respectively, in so far as the Respondent No.4 sugar factory is concerned. On behalf of the Respondent No.4, the Learned Senior Counsel Mr. A. V. Anturkar took a preliminary objection to the maintainability of the above Petition on the ground of the availability of an alternate remedy by way of the Revision under Section 154 of the MCS Act. We are of the view that it will not be possible for this Court to entertain the application for expansion/ modernisation/ alteration/ addition programme. It is therefore, clarified that the Commissioner of Sugar shall examine each application to its aforesaid extent on merits and in accordance with law and it is no longer necessary to seek leave of this Court for that purpose.

Procedural History

The writ petition was filed challenging orders dated 13-06-2017 and 17-06-2017. Rule was issued and the matter heard forthwith. The court heard submissions and reserved judgment on 08-09-2017, which was pronounced on 27-09-2017.

Acts & Sections

  • Maharashtra Cooperative Societies Act, 1960: Section 154
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Tags :
writ petition alternate remedy Maharashtra Cooperative Societies Act financial and administrative approval sugar factory modernization principles of natural justice PIL Commissioner of Sugar Detailed Project Report Health Certificate

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