(1.) These five appeals arise out of five different suit filed in the Court of Civil Judge (S.D) Navsari and the common questions of facts and law arise in these matters and therefore these five appeals are being decided by a common judgment. ... ... ... ... ... ...
(2.) The Government of India had passed an Act No. 10 of 1955 known as The Essential Commodities Act 1955. In exercise of the powers conferred by sec. 3 of that Act the Government of Gujarat had passed an order called The Gujarat Rice Procurement (Levy) Order 1966 by an order dated 5/10/1966 In the said order in clause 3 after sub-clause (1) the following sub-clause was inserted namely (1A):
(3.) After the decision of the Writ Petition no levy was ever collected from any persons who were obtaining poha from paddy. As the plaintiffs of various suits felt that they were compelled to pay levy under an illegal order they were entitled to be compensated for the loss which they incurred because they had under compulsion to give rice to the Government officers at a certain price which was fixed which according to the plaintiffs was less than the market price. For difference they filed suits. .. ... ... ... ... ...