S.B.Sinha, J.

1. Both these writ applications involving common question of fact and law were taken up for hearing together and are being disposed of by this common judgment.

2. The fact of the matter lies in a very narrow compass.

3. In these writ applications the petitioners have questioned the orders passed by the District Magistrate, Patna (Respondent No. 4) whereby he directed the Bihar State Co-operative Marketing Union (hereinafter to be referred as Biscomaun) not to make any payment for seeds/gram seeds supplied by the petitioner till further orders.

4. The said orders are contained in Annexures-4 and 7 to the afore mentioned writ petitions respectively.

5. In or about August, 1984, tender notices were issued for supply of seeds/gram seeds for the Rabi crops for the year 1984-85. On 10-9-1984 the petitioners submitted their tenders and rates for supply of seeds of different qualities were finalised thereafter upon negotiation.

6. On or about 30-9-1984 the Deputy Managing Director of Biscomaun by its letter No. M 1320 and M 1327 placed orders to the petitioners of C.W.J.C. 9605 of 1989 for supply of three thousand quintals of certified Masur seeds as also two thousand quintals of certified Linseeds and two thousand quintals of gram seeds and one thousand quintals of Masoor seeds to its different depots to the petitioner of C.W.J.C. 5906 of 1988 respectively. The said orders are contained in Annexure 1 to each of the with application.

7. On 2-10-1984 the petitioners of C.W.J.C. 5906 of 1988 received another latter giving details of the depots and quantities of Masoor and Gram seeds required to be supplied by them by 15-10-1984.

8. On 7-10-1984 a circular was issued by Deputy Managing Director of Biscomaun to all senior Regional, Officers giving directions for distribution of fertilisers and seeds. The said circular letter dated 7-10-1984 is contained in Annexure 3 to the writ application of C.W.J.C. 9605 of 1989.

9. According to the petitioners, they have completed the supply of the seeds within the stipulated period.

10. By order dated 21-3-1985, however, the District Magistrate informed the Managing Director, Biscornaun to stop payment the petitioners against the supplies made by them. The said letter dated 21-3-1985 is contained in Annexure 4 to the C.W.J.C. 9605 of 1989.

11. On 31-5-1985 the Dy. Managing Director, Biscomaun issued notices to the petitioners as to why payment for supply of seeds shall not be stopped. The said notice dated 31-5-1985 is contained in Annexure 5 to each of the writ application. The petitioners filed their respective show causes which are contained in Annexure 6 to each of the writ application.

12. On 19-9-1985 the Managing Director, Biscomaun wrote a letter to the Director, Agriculture (Respondent No. 2) seeking his legal and technical relaxation to the points raised in the said show cause so that the points and objections raised by the District Magistrate may be met. The said letter dated 19-9-1985 is contained in Annexure 8 to each of the writ application.

13. On 26-8-1986 Biscomaun sent another letter enclosing a copy of the letter dated 19-9-1985 and again sought for a guidance from the Director, Agriculture. The said letter dated 26-8-1986 is contained in Annexure 9 to each of the writ application.

14. The petitioners have further contended that one M/s. Rajesh Tarding Company filed a writ petition in this Court which was marked as C.W.J.C. No. 3395 of 1987. By an order dated 25-8-1987 a Division Bench of this Court allowed the said writ application. The said order dated 25-8-1987 is contained in Annexure 10 to each of the writ application.

15. Biscomaun, thereafter, preferred Special Leave Petition before Supreme Court which was registered as S.L.P. (Civil) No. 13870 of 1987 and by an order dated 26-11-1987 the said S.L.P. was dismissed. It appears that the District Magistrate had also preferred a Special Leave Petition against the said judgment which was also dismissed by an