RAMESH KUMAR Vs. STATE OF BIHAR THROUGH THE DEPUTY SECRETARY, FOOD, SUPPLY & COMMERCE DIVISION, PATNA, NOW STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has prayed for a direction upon the respondents for payment of road transportation charges at the rate of Rs. 13.50 Paise per quintal per kilometer for lifting of levy sugar from FCI Godown, Ranchi to various places in the district of Gumla for the period April, 1994 to February, 1995 alongwith interest @ 18% per annum and for other reliefs.

(2.) THE petitioner's case is based on a Division Bench judgment of the Patna High Court in C.W.J.C. No. 1165 of 1994(R) dated 24th March, 1995 (Annexure 5) (hereinafter referred to as "the first judgment"). It is submitted that the said judgment was confirmed by the Supreme Court in Special Leave to Appeal No. 19960 of 1995 (Annexure 6).

(3.) FROM the first judgment it appears that the grievance of the petitioners in the said writ petition was that the dealers who had to transport for lesser distance are getting more than those who had to trans port the levy sugar for longer distance. The basis for fixing the rate was questioned but the petitioners claimed that they should be paid at least the rate fixed for those dealers who were transporting within 75 kms. It was held in the first judgment that the petitioners were entitled to get the same transportation charges at the rate of 13.50 Paise per quintal per km., which the other dealers were getting, but only from April, 1994 when they filed the writ petition.