- (1.) This group of Appeals preferred under Clause 10 of the Letters Patent arise from the common judgment and order dated 25th June 2012 passed by the learned single Judge in CWJC Nos. 8840/2006, 427/2008 & 710/2011.
(2.) The matter at issue is the acquisition of Motipur Sugar Factory, a Company within the meaning of the Companies Act, 1956 acquired under the Bihar Sugar Undertaking Acquisition Ordinance dated 27th October 1985 replaced by the Bihar Sugar Undertaking Acquisition Act, 1985 (Bihar Act No. 12 of 1985) (hereinafter referred to as "the Act of 1985").
(3.) Under the provisions of the Act of 1985, the Government of Bihar acquired the Motipur Sugar Factory (hereinafter referred to as "the Sugar Factory") and transferred the same to the Bihar State Sugar Corporation (hereinafter referred to as "the Corporation"). The Corporation is a Government Company owned by the Government of Bihar. Since its acquisition, the Sugar Factory has been given on lease to M/s Indian Potash Limited for running the factory. The action of the State Government or the Corporation in transferring the Sugar Factory on lease to M/s Indian Potash Limited (hereinafter referred to as "the Company") has been challenged under Article 226 of the Constitution by the workmen of the Sugar Factory in CWJC No. 8840/2006, by the Sugar Factory in CWJC No. 427/2008 and by the share holders, the five Waqfs in CWJC No. 710/2011. According to the writ petitioners, the transfer of the Sugar Factory by the Corporation to the Company is vitiated by mala fide.;