IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6389 of 2006 1. M/S SHREE BISHWANATH JEE MILLS, A PARTNERSHIP FIRM HAVING ITS PLACE OF BUSINESS AT P.O. & P.S. BUXAR, DISTRICT BUXAR THROUGH ONE OF ITS PARTNERS, HEM PRAKASH, S/O SHRI HARI SHANKAR PRASAD, RESIDENT OF AT ITARHI ROAD, BUXAR, P.O. GAJADHARGANJ, P.S. MUFFASIL, DISTRICT- BUXAR. 2. M/S SHREE SHANKAR RICE MILL, A PARTNERSHIP FIRM HAVING ITS PLACE OF BUSINESS AT AKHAURIPUR GOLA P.O. CHAUSA & P.S. MUFFASIL, DISTRICT BUXAR THROUGH ONE OF ITS PARTNERS, PUNEET GUPTA, S/O SHRI SHREE KRISHNA GUPTA, RESIDENT OF BAZAR SAMITY ROAD BUXAR, P.O. GAJADHARGANJ, P.S. BUXAR, DISTRICT- BUXAR. … PETITIONERS. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF COMMERCE, FOOD & CIVIL SUPPLIES, GOVERNMENT OF BIHAR, PATNA. 2. THE COLLECTOR-CUM-DISTRICT MAGISTRATE, BUXAR. 3. THE FOOD CORPORATION OF INDIA, BIHAR REGION, EXHIBITION ROAD, PATNA THROUGH ITS SENIOR REGIONAL MANAGER. 4. THE DISTRICT MANAGER, FOOD CORPORATION OF INDIA, FIRDAUS BUILDING EXHIBITION ROAD, PATNA. 5. THE DEPOT IN-CHARGE, FOOD CORPORATION OF INDIA, BUXAR. .. RESPONDENTS. For the Petitioners : Mr. Gautam Kejriwal, Advocate. For the State : Mr. Ranjan Kumar, A.C. to AAG-4. For the Food Corporation of India : Mr. Shashi Dhar Jha, Advocate. ----------- 3. 04.04.2011 Heard learned counsel for the petitioner, State, and the counsel for the Food Corporation of India (hereinafter referred to as the ‘Corporation’). 2. Petitioners are the Millers who supplied rice 2 to the Corporation in the light of Bihar (Rice and Paddy Procurement) Levy Order, 2005 (hereinafter referred to as the Levy Order) dated 8.12.2005, Annexure-1. This writ petition has been filed praying inter alia to direct the respondents to pay the petitioners price of the rice supplied as per the rate notified under Levy Order vide schedule- IV. The occasion to file the writ petition arose as having received the supply the respondent authorities refused to pay the petitioners price for levy rice at the rate notified in the order Annexure-1 as Director Ministry of Consumer Affairs, Food & Public Distribution under letter dated 31.10.2005, Annexure-4/A had instructed the Departmental Secretary, Food and Civil Supplies, Government of Bihar to notify the price of the levy rice at a reduced rate but ignoring the price recommended by the Director, the Levy Order was notified on 8.12.2005 indicating higher price for the levy rice. The authorities of the State Government noticed the aforesaid mistake in the levy notification Annexure-1 and proceeded to modify the Levy Order under notification dated 30.1.2006 which is contained in Annexure-B to the counter affidavit filed by the Corporation. 3 Having appreciated the contents of the notification dated 30.1.2006, Annexure-B a Division Bench of this Court under orders dated 2.7.2010 passed in L.P.A. No. 427 of 2006 directed that the reduced price shall be paid to the suppliers with effect from the date of notification i.e. 30.1.2006. In the circumstances, the writ petition is allowed directing the Corporation to pay the petitioners arrears of difference of price in the light of the rate notified under notification dated 8.12.2005, Annexure-1 alongwith interest at the rate of 6% per annum within two months from the date of receipt/production of a copy of this order before the District Manager concerned. Ibrar/- ( V. N. Sinha, J.)