M/S. SHIVAM MINI MODERN RICE MILL, THROUGH ITS PROPRIETOR PANKAJ KUMAR SON OF VIJAY KUMAR, RESIDENT OF VILLAGE Vs. THE STATE OF BIHAR THROUGH DISTRICT MAGISTRATE, DISTRICT

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) All these three writ applications, having filed on identical facts with the same cause of action as with regard to a challenge to the demand notice for payment of price of Custom Milled Rice (CMR) in lieu of paddy received by the petitioners pursuant to a written separate agreement entered between the petitioners and the Bihar State Food Civil Supplies Corporation Limited (hereinafter referred to as 'the Corporation'), have been heard together and are being disposed of by this common judgment.

(3.) At the outset, it has to be noted that the petitioners, in CWJC No. 9133 of 2014, has assailed the demand notice dated 24.04.2014 whereby and where under he has been directed to pay a sum of Rs. 33,83,688.00 by way of CMR whereas in CWJC No. 12355 of 2014, the petitioner has assailed the demand notice dated 16.05.2014 directing it to deposit a sum of Rs. 50,45,754.80 and in CWJC No. 12356 of 2014 by a similar demand notice dated 31.05.2014 directing the petitioner to deposit price of CMR amounting to Rs. 2,46,73,394.48 has been assailed primarily on the grounds that the Corporation, having itself violated the terms and conditions of the respective agreement with the petitioners, was not entitled to raise such demand notice.