BAJRANG RICE & FLOUR MILLS Vs. THE STATE OF JHARKHAND
LAWS(JHAR)-2015-1-3
HIGH COURT OF JHARKHAND
Decided on January 06,2015

Bajrang Rice And Flour Mills Appellant
VERSUS
THE STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) At the very outset, it needs to be mentioned here that the present 11 appeals were heard by us on 23.12.2014 and reserved for orders. During the course of arguments, it was brought to our notice by Mr. Indrajit Sinha, learned counsel for the appellants that during the pendency of these appeals, Secretary, Department of Food, Civil Supplies and Consumer Affairs, (Government of Jharkhand) has issued direction to all the Deputy Commissioners of the State vide letter No.3592 dated 03.12.2014 that whosoever fails to comply with the impugned judgment/order of the learned Writ Court, will have to face registration of FIR(s) and that rice mill of the defaulter would be sealed/auctioned. Vide impugned order of learned Single Judge, the appellants/rice millers have been directed to deposit the entire amount of paddy/rice lying with them @ Rs.1250/- per quintal by the end of 31.12.2014. The appellants however projected certain genuine difficulties in depositing the entire amount by 31.12.2014, the stipulated period, but at the same time were ready and willing to deposit 75% of the amount of the paddy supplied to each of the appellant/rice miller. We, after considering the entire matter, put the 4th installment i.e. 25% of the total amount due on hold till the decision of these appeals vide our detailed order dated 23.12.2014 and in this factual backdrop, letter No.3592 dated 03.12.2014 issued by Secretary, Department of Food, Civil Supplies and Consumer Affairs, Government of Jharkhand was also put on hold vis-a-vis the present appellants only making it clear that it would have no effect qua the other rice millers.
(2.) All the 11 appeals on board involve a common issue for adjudication, therefore, clubbed together for their final disposal by this single common order. They have arisen from W.P.(C) Nos. 3786 of 2014 (LPA No.364 of 2014), 3787 of 2014 (LPA No.403 of 2014), 3788 of 2014 (LPA No.397 of 2014), 3795 of 2014 (LPA No.406 of 2014), 3796 of 2014 (LPA No.407 of 2014), 3800 of 2014 (LPA No.399 of 2014), 3805 of 2014 (LPA No.408 of 2014), 3813 of 2014 (LPA No.398 of 2014), 3814 of 2014 (LPA No.400 of 2014), 3817 of 2014 (LPA No.401 of 2014) and 3838 of 2014 (LPA No.405 of 2014) and stand disposed of by learned Single Judge vide impugned judgment/order dated 12.09.2014.
(3.) It is worth mentioning here that along with the aforesaid 11 writ petitions, another 5 writ petitions also came to be filed which met the same fate. We have been informed by Mr. Indrajit Sinha that one of the writ petitioners, being aggrieved of the order of learned Single Judge, has also filed a separate L.P.A. but the same is not clubbed with these appeals being defective. The remaining writ petitioners, according to Mr. Sinha, however, have not assailed the judgment of the learned Single Judge.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.