M/S Riga Sugar Company Ltd. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2397 of 2021 ====================================================== M/s Riga Sugar Company Ltd. having registered office at 14, Netaji Subhas Road, Kolkata-700001 and its Sugar factory Located at Dhanukagram, P.o.- Riga, District-Sitamarhi through its Chief General Manager, Sri Shashi Gupta, aged about 62 years (Male), Son of Late Madan Lal Gupta, resident of Dhanukagram, P.O.-Riga, Distirct-Sitamarhi.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Sugarcane Industry Department, Govt. of Bihar, Patna.

2.

The Cane Commissioner, Bihar, Patna.

3.

The Cane Officer, Muzaffarpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashish Giri, Advocate Mr.Pranav Kumar, Advocate Mr.Sumit Kr. Jha, Advocate For the Respondent/s :

Mr.Yogendra Pd. Sinha, AAG-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-11-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(i) To issue a writ/order/direction in the nature of certiorari for quashing the order dated 17.06.2020 passed by the respondent Principal Secretary, Sugarcane Industries Department, Government of Bihar, Patna as communicated vide memo no 807 dated 3/08/2020 under the signature of the Under Secretary, Sugarcane Industries Department, Government of Bihar, Patna by which the claim of the petitioner for compensation has been rejected. (Annexure 10).

Patna High Court CWJC No.2397 of 2021(4) dt.13-11-2024 2/2 (ii) To issue a writ/order/ direction in the nature of mandamus directing the respondent to compensate the company for running the factory for extra crushing days w.e.f.

20.04.2019 till 16.05.2019 during the season 2018-19 to the tune of Rs. 744.77 Lac in terms of promise made by it."

2. At the outset, the learned counsel for the petitioner submits that the petitioner company had gone into liquidation, whereafter it has also been auctioned, hence the present set of counsels do not have any instructions from the successor of the petitioner to prosecute the present writ petition, thus the present petition be disposed off with liberty to the petitioner/successor company to resort to such remedies as are available under the law, in case of any subsisting grievance. Liberty so sought is granted.

3. The writ petition stands disposed off.

(Mohit Kumar Shah, J) Saurav/- U