STATE OF A.P. Vs. GOVINDA RAJA RICE MILL CONTRACTORS CO., CHEBROLU

JUDGEMENT

(1.) C. M. As. 48 and 72 of 1962 are appeal and a cross appeal. Both of them arise out of a common order of the learned Subordinate Judge, Eluru in E. A. 287 of 1961 in O. Section 28 of 1951. The facts necessary for a proper appreciation of the contentions of the parties will now he stated.

(2.) These two C. M. As. 48 and 72 of 1962 arise out of E. A. 287 of 1961 in O. Section 28 of 1951, while C. M. As. 93 and 104 of 1962 arise out of E. A. 219 of 1961 in O. Section 13 of 1952 on the file of the Subordinate Judge's Court, Eluru. These suits viz., O. Section 13 of 1952 and O. Section 28 of 1951, were two - of the batch or suits filed against the Government by the rice millers in the Districts of East and West Godavari and Krishna who were authorised to procure paddy and rice from the producers and to sell them in the market at the price fixed by the Government. The difference between the price at which they were purchased and the price at which they were directed to be sold was asked to be made over to the Government. Several millers made over the difference in compliance with the orders of the Government, and later filed suits for the recovery of those amounts on the ground that they were entitled to the difference in price, but not the Government.

(3.) The trial Court in all those suits granted decrees, but on appeal a Bench of this Court consisting of Chandra Reddy, Officiating Chief Justice, as he then was, and Srinivasachari, J. reversed the said decrees in State of Madras (Now Andhra Pradesh) v. Jayalakshmi Rice Mill, (1959) 1 Andh WR 44 : A.I.R. 1959 Andhra Pradesh 352 and dismissed the suits on 8th March 1958.