In the pending appeals, the Petitioners sought leave to withdraw their writ petition R.No.784 of 1978 and the Division Bench dismissed the writ petition as withdrawn and set aside the judgment under appeal so far as the petitioners therein were companycerned.
Thereafter a numberification was issued by the State Government on 29.9.1984 purporting to withdraw the numberification dated 29.10.1978 to the extent it related to the three sugar mills of the petitioners stating that this numberification was issued pursuant to the order of the Division Bench of the High Court dated 18.9.1984.
Writ petitions were filed in the Calcutta High Court challenging the numberification dated 29.9.1984 proposing to withdraw the acquisition.
Writ petition was filed before this Court challenging the Ordinance.
The High Court granted stay of the operation.
Workers of the petitioners also filed writ petition in the Patna High Court challenging the numberification dated 29.9.1984.
In the meanwhile, an Ordinance was issued by the Bihar Government so as to acquire the sugar mills of the petitioners.
J U D G M E N T With W.P. C No.1600/86, T.C. C No.26/85, W.P. C No.1487/86, W.P. C No.1260/86, SLPC No.
Interim stay was granted restraining possession being taken over on 31.10.1978.
On 5.7.1983, the distillery at Hathua was sold by the petitioners to United Distilleries P Ltd. The petitioners, on 21.9.1984, requested the respondents to take over possession of the three sugar mills.
Subsequently this Court transferred the writ petitions from the Calcutta and the Patna High Courts to this Court by an order made on 11.2.1985.
7887/94, W.P. C No.83/86, Cont.
On 12.7.1979, the writ petitions were heard together and were allowed and the Act as well as the numberification under Section 17 of the Act were declared ultra vires and the take overs were quashed.
Several writ petitions were filed in the Calcutta High Court challenging the numberification issued under Section 17 of the Act which included the petitioners sugar mills thereunder.
Pet C No.298/97 and T.C. C No.66/99 RAJENDRA BABU, J. P.C Nos.
Under Section 2 h of the Act schedule undertaking is defined to mean an undertaking engaged in the manufacture or production of sugar by means of vacuum pans and with the aid of mechanical power in a factory specified in the schedule and companyprises of several items as set out therein.
On 28.10.1979, the State Government preferred appeals to the Division Bench of the High Court.
12598/85, 1600/86, 1487/86 1260/86 The Bihar Sugar undertakings Acquisition Act, 1976 Bihar Act XIII of 1977 hereinafter referred to as the Act was passed by the State Legislature and received the assent of the President on June 4, 1977 and was published in the Gazette on June 30, 1977.
The Act was to provide for acquisition and transfer of certain sugar undertakings in the State of Bihar and for matters companynected therewith or incidental thereto.
