STATE OF BIHAR Vs. PRATAPPURSUGAR AND INDUSTRIES LIMITED

JUDGEMENT

(1.) The factual matrix and the question of law being the same in both the appeals, they have been heard together and are being disposed of by a common order.

(2.) Two writ applications, one being CWJC No. 7147 of 2004 by Bihar Sugar Mills Association and eight individuals Sugar Mills and other being CWJC No. 8089 of 2004 by Pratappur Sugar & Industries Limited were filed wherein they had challenged the notification dated 9th March, 2004 published in the Bihar Gazette, extra-ordinary part of March 17, 2004 (Annexure-9 to LPA No. 422 of 2005) which was issued by the State Government in exercise of powers conferred by sub-section (1) of Section 48 of the Bihar Sugarcane (Regulation of Supply and Purchase) Act, 1981 (hereinafter referred to as the Act) fixing amount of commission at the rate of 1.80 per cent of the cane price per quintal actually paid to the supplier of sugarcane by each occupier of the factory on the purchase of sugarcane. By the said notification, the earlier notification dated 14/12/2001 and S.O. No. 38 dated 8/3/2002 by which the commission was fixed at the rate of two per cent of the cane price per quintal actually paid to the suppliers of sugarcane was quashed.

(3.) The learned Single Judge by order dated 24/1/2005 allowed the writ application being CWJC No. 7147 of 2004 and quashed the notification on the grounds mentioned therein and disposed of other writ application being CWJC No. 8089 of 2004 on the same date by a separate order in the light of the order passed in the earlier writ application. The State of Bihar has filed the appeals challenging the impugned orders.