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1997 Supreme(SC) 59

S.SAGHIR AHMAD, G.B.PATTANAIK, K.RAMASWAMY
S. K. G. Sugar LTD. – Appellant
Versus
State Of Bihar – Respondent


ORDER

These two appeals arise from the judgment of the Division Bench of the Patna High Court, made on November 13, 1984 in Order No. 11 and Review Order arising thereunder in CWJC No. 2370/84.

The admitted position is that the appellant factory had a reserved area under Section 31 of the Bihar Sugarcane (Regulation of Supply and Purchase) Act, 1981 (for short, the Supply Act ) and had the sugarcane supplied by the growers. The Central Government, exercising the power under Clause 3 of the Sugarcane (Control) Order, 1966 (for short, the Order ) determined the minimum price for sugarcane at Rs. 13.92 per quintal. The State Government announced on March 31, 1983 the price of Sugarcane at Rs. 20.50 per quintal. The cane growers supplied the sugarcane to the appellant, but the appellant admittedly had paid the minimum price determined under the Order but the difference between the price fixed under the Order and the price announced by the State Government was not paid. As a consequence, the Collector gave a certificate of dues for realisation under the Revenue Recovery Act. Calling those proceedings in question, the writ petition came to be filed. The contention raised in the High Co

















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