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High Court of Punjab and HaryanaCWP/17855/2015disposed of

Blbir Singh & ORS v. State Of Haryana 7 ORS

2026-02-27Mr. Justice Harsh Bunger3 pages

          

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/ 0 Petition herein is, inter alia, seeking a writ in the nature of Mandamus, directing respondents to ensure the payment of the amount due towards the purchase of sugarcane by respondent No.4, in the sugarcane season for the year 2014-15, immediately, along with statutory interest @ 15% per annum from the date on which the above said amount fell due till its realization.

2.

A perusal of order sheets reveals that on 23.12.2015, the following order was passed by Co-ordinate Bench of this Court:- "Power of attorney on behalf of respondent No.3 has been filed by Mr. Sandeep Moudgil, Advocate.

Learned counsel for the petitioners states that principle

+ amount has been paid. Only the issue with regard to interest remains.

In view of the above, the present petition adojourned sine-die.

Petitioners will be at liberty to move application as and when CWP No. 8528 of 2015 is decided by the Division Bench of this Court."

2.1.

In terms of the above-extracted order, the only issue that remains is with regard to the interest.

3.

At this stage, learned State counsel has handed over a copy of an order dated 06.08.2025 passed in CWP-12303-2015 & other connected matters, wherein writ petitions were disposed of by observing as under:-

3. Perusal of the order-sheets show that on 23.12.2015, counsel for the petitioners had made a statement that the principal amount has been paid and the only issue regarding interest survives.

4. Pursuant to the previous order passed by this Court, State counsel has produced a notification dated 26.10.1978, which is reproduced hereunder:

"Part III HARYANA GOVERNMENT AGRICULTURE DEPARTMENT Notification The 26th October, 1978 No.S.O.143/P.A 40/53/S. 15A/78 - In exercise of the powers conferred by sub-section (3) of Section 15A of the Punjab Sugarcane (Regulation of Purchase and Supply) Act, 1953, and all others powers enabling him in this behalf, the Governor of Haryana hereby determines the rate of interest as fifteen per cent per annum, for the purposes of the said subsection. L.D. KATARIA Commissioner Secretary to Government, Haryana, Agriculture Department."

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5. State counsel on instructions from Sh. Vijay Kumar, Technical Assistant, Cane states that the notification is in force.

6. In view of the above, writ petitions are disposed of with a direction to the Cane Commissioner, Haryana - respondent No.3 to hear all the parties and determine interest payable to the petitioners in terms of the above reproduced notification. Necessary exercise shall be carried out within a period of three months from the date of communication of copy of this order. 7. As the main petitions have been disposed of, pending miscellaneous application (s), if any, shall also stand disposed of."

4.

Learned State counsel submits that the present petition can also be disposed of in similar terms.

5.

Learned counsel appearing for the petitioner has not opposed the aforesaid submission.

6.

Keeping in view the above, the present writ petition is disposed of with a direction to respondent No.2 - Director General & Cane Commissioner, Haryana, Agriculture Department, to hear all the parties and determine interest payable in terms of abovesaid notification dated 26th October, 1978. Let the necessary exercise be carried out within a period of four months from today.

7.

All the pending application(s), if any, shall also stand closed. (HARSH BUNGER) 27.02.2026 JUDGE  -   #

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