PRIMARYAGRICULTURECREDITCOOPERATIVESOCIETYLTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two writ applications although are on behalf of different Primary Agriculture Credit Co-operative Society Ltd (In short 'PACS') but for a common relief. Therefore, for the sake of convenience, they are being disposed of by a common order with the consent of the parties at the stage of admission itself.

(2.) The petitioner while praying for quashing the letter dated 6th July, 1993, issued by the Cane Commissioner, Bihar Patna (respondent no. 2) in exercise of his power under sub-rule (5) of Rule 32 of the Bihar Sugarcane (Regulation of Supply & Purchase) Rules, 1978 (hereinafter called 'the Rules') have also sought for a declaration that sub-rule (5) of rule 32 of the Rules is arbitrary, unbridled and ultra vires to the provisions of Section 32 sub-sections (1) and (3) and proviso (i) to sub-section (4) as also to Section 43 of the Bihar Sugarcane (Regulation of Supply & Purchase) Act, 1981 (hereinafter referred to as 'the Act')

(3.) As indicated above, the petitioners are village level sugercane growers Co-operative Societies. Their main object is to facilitate sale and purchase of sugarcane on behalf of the members of the societies As per certain provisions of the Act, they entered into agreements with the occupier of sugarcane factories for supply of sugarcane on behalf of different members. These societies, also used to receive prices from the occupier of the factories and disburse amongst the members of the societies who had supplied sugarcane under the provisions of Section 43 of the Act read with Rule 32 sub-rule (5) of the Rules.