Bombay HC tells Rohit Pawar-led firm to deposit half levy, licence to be issued

The Bombay High Court has directed Baramati Agro Limited, the petitioner successful a writ petition challenging the State’s levy connected sugarcane crushing, to deposit 50% of the magnitude nether 3 heads wrong 3 moving days truthful that its crushing licence for the 2025-26 play tin beryllium processed. 

The bid was passed by a abrogation seat of Justice Manjusha Deshpande connected October 30 and made disposable connected October 31. The petitioner had questioned the legality of the October 27 connection issued by the Commissioner of Sugar, which made outgo of the levy a precondition for granting licences. The levy, based connected a September 30 argumentation decision, requires sweetener mills to wage ₹10 per tonne of cane crushed each for the Chief Minister’s Relief Fund and the Gopinath Munde Sugarcane Workers Welfare Corporation, and ₹5 per tonne for the Flood Relief Fund. 

Senior counsel Girish Godbole, appearing for the petitioner, submitted that specified conditional issuance of licences was “onerous and not supported by immoderate legislation.” While the institution was consenting to deposit fractional the magnitude nether the archetypal 2 heads, it sought a broad bid against the 3rd levy, contending that the Flood Relief Fund publication lacked immoderate enforcement oregon legislative backing. 

After proceeding some sides, the tribunal observed, “Considering the situation raised by the Petitioner and the orders passed by this Court successful 2024 astatine the Kolhapur Bench, it would beryllium due to walk a akin bid by directing the Petitioner to deposit 50% of the levy magnitude nether each 3 heads wrong 3 moving days successful bid to guarantee processing of their crushing licence for 2025–26.” 

The seat further clarified, “In the meanwhile, the Authority shall process the Crushing Licence of the Petitioner successful presumption of the undertaking fixed by the Petitioner. It is made wide that if the Petitioner yet succeeds, this Court would beryllium inclined to walk an bid to refund the magnitude on with tenable interest. It is besides made wide that aforesaid deposit of the Petitioner towards the aforesaid heads is without prejudice to the rights and contentions of the parties.” 

The tribunal issued announcement to the respondents, returnable connected November 13, and directed the State to record its reply earlier that date. The AGP Savina R. Crasto waived work of announcement and was asked to pass the bid to the Commissioner of Sugar, who indispensable instrumentality “immediate steps to contented licence to the Petitioner without waiting for the deposit of amount” since the undertaking has been given.