IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1828 of 2010 1. Jagat Rai, son of Shri Kailash Rai, resident of village – Rampur Tengarahi, P.O.-Rampur Tengarahi, P.S.-Jadopur, District-Gopalganj. 2. Raj Kumar Prasad, son of Shri Dharmanath Prasad, resident of village, P.O. and P.S.-Jadopur, District- Gopalganj. 3. Vipin Rai, son of late Teja Rai, resident of village- Mathia, P.O.-Mathia, P.S.-Kuchai Kote, District- Gopalganj. ………Petitioners. Versus 1. The State of Bihar. 2. Shri Jai Mangal Singh, son of not known, Cane Commissioner, Department of Sugar Cane Industry, Government of Bihar, Patna. 3. Shri Umesh Singh, son of Not Known, Cane Officer, Gopalganj. 4. Shri Mahmood Ali, the Managing Director, Sasamusa Sugar Works Ltd. At and P.S.-Sasamusa, District-Gopalganj. 5. Shri P.R.S. Panikar, the General Manager, Shri Vishnu Sugar Mills Ltd. At Harakhua, P.S.- Gopalganj Town, District-Gopalganj. …….Opposite parties. ----------- 3 30.9.2010 Heard learned counsel for the petitioners learned counsel for the State and Mr. Yadu Vansh Giri, senior advocate appearing for opposite party nos. 4 and 5 who are representing two Sugar Mills of Gopalganj district. In a Public Interest Litigation preferred by the petitioner this court directed the State authorities to take proper steps to ensure that lawful dues of the cane - 2 - growers on account of cane supply by the then to the sugar mills is paid within a fixed time. When steps were taken by the authorities and proceeding was initiated under Public Demands Recovery Act, one of the sugar mills, M/s Vishnu Sugar Mills Limited represented by O.P. No.5 preferred a writ petition bearing C.W.J.C. No.13237 of 2010 contending that Certificate Case No.1 of 2009-10 has been illegally instituted for a demand which is beyond the statutory price fixed by the Central Government for sugar cane. That writ petition is still pending and an interim order in favour of the petitioner of that case has been passed on 27.8.2010. According to the learned senior counsel appearing for the sugar mills no lawfully payable dues are outstanding against the sugar mills. Learned counsel for the petitioners tried to persuade us that over and above the statutory price, a higher rate per quintal was fixed at the instance of state authorities and therefore dues on that account are also lawfully payable dues. Mr. Giri strongly refutes the submission. - 3 - In contempt proceeding we are not persuaded to go into the aforesaid controversy more so when a writ petition has already been preferred by O.P. No.5 and the issue has now to be thrashed out after considering all the relevant facts. Hence this contempt application is finally disposed of. If so advised, petitioners may seek intervention in the said writ petition. sk/pn (Shiva Kirti Singh, J.) ( Hemant Kumar Srivastava, J.)