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2015 DIGILAW 44 (JHR)

Sunrise Cereals Pvt. Ltd. v. Union of India

2015-01-09

APARESH KUMAR SINGH, VIRENDER SINGH

body2015
Judgment : I.A. No.12/2015, No.61/2015, No.92/2015, I.A. I.A. I.A. No.14/2015, No.73/2015, No.96/2015, I.A. I.A. I.A. No.49/2015, No.77/2015, No.112/2015, I.A. No.114/2015, I.A. No.117/2015, I.A. No.119/2015 and I.A. No.121/2015 Per Virender Singh, C.J.: Through the instant thirteen Interlocutory Applications, the applicants/appellants are seeking leave to file accompanied Letters Patent Appeals impugning the judgment dated 12.09.2014 of the learned Single Judge rendered in W.P.(C) No.3786 of 2014 and other connected writ petitions stating that the applicants-appellants were not the party either as petitioner or respondent in the aforesaid writ petitions but have filed accompanied appeals in view of the fact that the impugned judgment is also affecting the interest of the present applicants-appellants adversely as the respondent-State has now resorted to coercive measures of sealing/auctioning of their Rice Mills. The State is even contemplating registering criminal cases against the Rice Mills. 2. Learned counsel for the applicants/appellants state that the order dated 03.12.2014 passed by Secretary, Department of Food, Civil Supplies and Consumer Affairs (Government of Jharkhand) giving direction to all the Deputy Commissioners to lodge cases against the rice millers who have not deposited the entire amount of the paddy/rice lying with them @ Rs.1250/-per quintal is presently staring at them as some of the applicants/appellants have not been able to deposit the entire amount within the stipulated period i.e. 31.12.2014. Learned counsel submitted that the said order dated 03.12.2014 was initially stayed by this Court in L.P.A. No.397 of 2014 and other connected appeals filed by some of the writ petitioners till the disposal of the said L.P.A(s) and finally the appellants therein have been granted another 30 days time effective from 06.01.2015, to deposit the amount of the paddy/rice lying with them. Learned counsel submitted that all the applicants/appellants are facing huge financial crunch and in case they are also granted the same period for depositing the amount due from them of the paddy supplied to them for milling, they will be able to have a sigh of some relief, otherwise in terms of the aforesaid order dated 03.12.2014, their rice mills are likely to be auctioned/sealed despite registration of the criminal cases against them. 3. On the strength of the aforesaid submissions, learned counsel pray for grant of leave to file the accompanied Letters Patent Appeals. 4. 3. On the strength of the aforesaid submissions, learned counsel pray for grant of leave to file the accompanied Letters Patent Appeals. 4. May be learned counsel for the respondents have raised objections to the submissions made by learned counsel for the applicants/appellants, but keeping in view the totality of the facts and circumstances of the present case, especially the fact that the case of the present applicants/appellants are similarly situated on facts as was the case of the other writ petitioners in W.P.(C) No.3786 of 2014 and other connected matter or in L.P.A. No. 397 of 2014 and other connected L.P.As, we hereby grant the applicants/appellants leave to entertain the accompanied appeals. 5. I.A. No.12/2015, I.A. No.14/2015, I.A. No.49/2015, I.A. No.61/2015, I.A. No.73/2015, I.A. No.77/2015, I.A. No.92/2015, I.A. No.96/2015, I.A. No.112/2015, I.A. No.114/2015, I.A. No.117/2015, I.A. No.119/2015 and I.A. No.121/2015 stand disposed of accordingly. I.A. No.59/2015, I.A. No.60/2015, I.A. No.78/2015, I.A. No.80/2015, I.A. No.95/2015, I.A. No.97/2015, I.A. No.110/2015, I.A. No.113/2015, I.A. No.115/2015, I.A. No.118/2015, I.A. No.120/2015, I.A. No.122/2015 and I.A. No.129/2015 6. Through the instant Interlocutory Applications all the applicants/appellants are seeking condonation of delay caused in filing the accompanied appeals. 7. For the reasons carved out in the instant applications coupled with the fact that we have already granted leave to appeal to entertain accompanied appeals, the delay caused in filing the each individual appeal, is hereby condoned. 8. I.A. No.59/2015, I.A. No.60/2015, I.A. No.78/2015, I.A. No.80/2015, I.A. No.95/2015, I.A. No.97/2015, I.A. No.110/2015, I.A. No.113/2015, I.A. No.115/2015, I.A. No.118/2015, I.A. No.120/2015, I.A. No.122/2015 and I.A. No.129/2015 stand disposed of. L.P.A. No.1/2015, L.P.A. No.2/2015, L.P.A. No.5/2015, L.P.A. No.13/2015, L.P.A. No.18/2015, L.P.A. No.19/2015, L.P.A. No.20/2015, L.P.A. No.21/2015, L.P.A. No.23/2015, L.P.A. No.24/2015, L.P.A. No.25/2015, L.P.A. No.26/2015 and L.P.A. No.27/2015 9. We have heard learned counsel for both the sides. 10. L.P.A. No.1/2015, L.P.A. No.2/2015, L.P.A. No.5/2015, L.P.A. No.13/2015, L.P.A. No.18/2015, L.P.A. No.19/2015, L.P.A. No.20/2015, L.P.A. No.21/2015, L.P.A. No.23/2015, L.P.A. No.24/2015, L.P.A. No.25/2015, L.P.A. No.26/2015 and L.P.A. No.27/2015 9. We have heard learned counsel for both the sides. 10. Keeping in view the totality of facts and circumstances of the present appeals, the observations made by the Court in a detailed judgment dated 06.01.2015 rendered in L.P.A. No.397 of 2014 (connected appeals) shall also govern the present 13 appeals on all counts, making it clear that in case the appellants/rice millers are in default of any payment of paddy supplied by the respondent-State to them for milling, they shall deposit the entire amount due from them @ Rs.1250/-per quintal with the State within the same stipulated time as indicated in the order dated 06.01.2015 in L.P.A. No.397 of 2014, the lead appeal, in default thereof, they shall not be entitled to derive any benefit from this order. 11. All the appeals on hand stand disposed of in the aforesaid terms.