RIGA SUGAR COMPANY LIMITED, Vs. UNION OF INDIA

JUDGEMENT

(1.) In all these three applications, the issue involved appears to be identical and are being disposed of together with the consent of the parties.

(2.) The present writ applications have been filed seeking a direction to quash the communications made by the Area Manager, Food Corporation of India, District Office, Muzaffarpur, whereby the request for refund of amount of supply of levy sugar for the period 1995-96 has been turned down by the Corporation with the simple excuse that they would be taken up after the disposal of the S.L.P. preferred by the Corporation against the judgment and order dtd. 30/7/2008 passed by this Hon'ble Court in L.P.A. No. 380 of 2002.

(3.) Learned counsel for the petitioner submits that the present applications and their prayer was squarely covered by the decision of this Hon'ble Court passed in the case of Hari Nagar Sugar Mills Patna High Court P3/6 Limited, Mumbai through its Manager S.N. Poddar and Ans. Vs. Union of India and Ors. reported in 2008(4) BBCJ V-347. It is submitted that the aforementioned judgment has been rendered on the decision of the Apex Court in the case of Shri Malaprabha Coop. Sugar Factory Limited Vs. Union of India and Ans. reported in (1994) 1 SCC 648 which was subsequently clarified in the judgment between the same parties reported in (1997) 10 SCC 216 (Shri Malaprabha Coop. Sugar Factory Limited Vs. Union of India and Ans.). All these judgments in substance referred to the notification of 1995 which is also the subject matter of the dispute between the parties in the present writ application in which the 1995 notification was in dispute, facts were clarified by means of this judgment reported in (1997) 10 SCC (Shri Malaprabha Coop. Sugar Factory Limited Vs. Union of India and Ans.) wherein this Court specifically held as follows:-