VIRENDER SINGH,.J. - (1.) THE present 25 review petitions have been filed after some of the appellants/writ petitioners (rice millers) knocked at the door of the Hon'ble Supreme Court vide S.L.P. Nos. 2144 -2156/2015 and S.L.P. Nos.2378 -2388/2015 impugning the order dated 6th of January, 2015 passed by L.P.A. Bench, whereby they were directed to deposit the entire amount of paddy supplied to them @ Rs. 1250/ - per quintal within a stipulated period, leaving the entire matter with regard to delay, if any, caused by the writ petitioners in milling of the paddy into Custom Milled Rice (CMR) or there being any fault at the end of the State or its concerned agencies, to be adjudicated upon by Jharkhand State Legal Services Authorities, Ranchi (for short 'JHALSA') as the writ petitioners had consented for the same, the reason being that the ancillary matter relating to market fee, handling charges, transportation etc. was already referred to JHALSA by the learned Writ Court.
(2.) HON 'ble Supreme Court, however, dismissed the Special Leave Petition filed by the writ petitioners vide order dated 30.01.2015 but with regard to the jurisdiction of the Lok Adalat, liberty was granted to them to file review petition before this Court. However, no interim protection was granted by the Supreme Court.
(3.) MR . Sinha and Mr. Gadodia, appearing for the writ petitioners, at the very outset, submitted that most of the rice millers have already cleared their liability of payment of minimum support price of paddy (Rs.1250/ - per quintal) and if any of the rice miller has still not cleared his dues, he will be facing the consequences in terms of the order dated 3rd of December, 2014 issued by the Secretary, Department of Food, Civil Supplies and Consumer Affairs (Government of Jharkhand) in which even criminal case can be registered against any individual rice miller. Learned counsel submitted that the Court while deciding the main 7 LPAs (L.P.A. No.397 of 2014 and 6 others) has categorically held that slapping the rice millers with the liability of making payment of Rs.1250/ - per quintal straightway for the paddy lying with them would tantamount to deciding the issue without there being any adjudication upon it which would be improper and unjust. Learned counsel submitted that the State or even Jharkhand State Food and Civil Supplies Corporation have not assailed the order of this Court dated 6th of January, 2015, therefore, the entire matter, undoubtedly requires adjudication. Learned counsel submitted that the rice millers had assailed the order of this Court, primarily for the reason that they were facing financial crunch and were not in a position to deposit the entire minimum support price for the paddy lying with them and not being aggrieved of the observation made by the Court vis - -vis the adjudication part of the entire matter on facts as the case of the writ petitioners throughout was that it is either the fault of the State or the FCI which had not lifted the CMR, therefore, no liability could be fastened upon them for making the entire payment of the minimum support price for the paddy supplied to them as the paddy lying with them by efflux of time has lost its market value considerably. Learned counsel fairly submitted that since on consent of the counsel of the writ petitioners, the learned Writ Court had initially given permission to the writ petitioners to approach JHALSA so that the matter could be referred to Lok Adalat for its settlement with regard to the incidental charges amounting to about Rs.50/ - per quintal and that in the Letters Patent Appeal also, the consent was accorded for adjudication of the entire matter by JHALSA, may be for the reason that instead of adjudication by Managing Director, Jharkhand State Food and Civil Supplies Corporation in terms of Clause 7 of the agreement, the writ petitioners, in their wisdom, thought that adjudication by JHALSA would be proper and just. Learned counsel submitted that it is how after recording the consent of learned counsel for the writ petitioners, the Court while deciding the LPAs, referred the entire matter for adjudication to JHALSA.;