(1) DELAY condoned.

(2) LEAVE granted.

(3) THE fixation of minimum price of levy sugar for the year 1982-83 has already been upheld by this Court in Transferred Case (C) No. 9 of 1990, M/s. Modi Industries Ltd. v. Union of India, decided on 20/2/1996. The correctness of this decision came to be questioned before a Three Judge Bench of this Court in Shri Malaprabha Co-operative Sugar Factory Ltd. v. Union of India & anr., (1997) 10 SCC 216, but it was not accepted and the Court made the following observations :

"THE order that was passed by this Court on 20-2-1996 in Transferred Case (C) No. 9/1990 was in respect of levy sugar price for the year 1982-83 and, therefore, it cannot have any bearing on the fixation of price of levy sugar for the year 1975-76 to 1979- 80. Moreover, this Court, while passing the said order, has clearly stated that"......... this matter is not covered by the decision of this Court in Shri Malaprabha Co-operative Sugar Factory Ltd. v. Union of India, (1994 AIR SCW 734 : AIR 1994 SC 1311). Even if the Government has omitted to take into consideration one favourable element, namely, wopping up of excess realisation it cannot justif