- (1.) These are the applications in which it is stated that the decision of this Court in Shri Malaprabha Co-operative Sugar Factory Ltd. v. Union of India and Another, [jt 1993 (6) SC 345], followed by the direction reported in JT 1997 (2) SC 361 = 1997 (10) SCC 216, has not been complied with.
(2.) The question involved is with regard to the determination of levy price of sugar in respect of the years 1974-75 to 1979- 80. Earlier this Court in [jt 1993 (6) SC 345] had given a direction that the levy price be re-fixed keeping in mind the provisions of Section 3 (3c) of the Essential Commodities Act. The review application filed by the Government was dismissed and similar was the fate which was met by a clarification application, also filed by the Government.
(3.) When notifications were issued fixing the revised price the petitioners, herein file afresh application contending inter alia, that the provisions of Clause 5a of the Sugarcane Control Order have not been taken into consideration while determining the levy price. The contention was that under the said Clause 5a additional price for sugarcane had to be paid to the grower and this is an outgoing which should be added and taken into consideration while determining the price.;