Patna High Court
Skg Sugar Limited And Skg Fiscal Limited vs The State Of Bihar on 27 September, 2022
Bench: Chief Justice, S. Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2096 of 2020
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1. SKG Sugar Mills Limited and SKG Distillery Limited and SKG Fiscal
Limited, Hathua, Mirganj, District-Gopalganj, a Subsidiary of Turner
Morrison and Company Limited through Sri Shanker Prasad, General Power
of Attorney Holder.
2. Sri Shankar Prasad male, aged about 66 Years, Son of Late Sita Ram Prasad
resident of Uttar Mohalla, P.O. and P.S. Mirganj, District-Gopalganj, Pin-
841438, the General Power of Attorney Holder of turner Morrison and
Company Limited and its Subsidiaries SKG Sugar Mills Limited, SKG
Distillery Limited and SkG Fiscal Limited, Hathua, Mirganj, District-
Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Commissioner, Sugarcane Corporation Ltd. Bihar, Patna.
3. The Commissioner-Cum-Secretary, Industries Department, Government of
Bihar, Patna.
4. The Secretary-Cum-Commissioner, Excise Department, Government of
Bihar, Patna.
5. The Member Board of Revenue-Cum-Prescribed Authority, Government of
Bihar, Patna.
6. The District Magistrate, Gopalganj.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 2143 of 2020
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1. SKG Sugar Limited, Siwan and SKG Fiscal Limited, Siwan a subsidiary of
Turner Morrison and company Limited through Sri Shankar Prasad, General
Power of Attorney Holder.
2. Sri Shankar Prasad, son of Late Sita Ram Prasad, resident of Uttar Mohalla,
P.O. and P.S. Mirganj, District- Gopalganj, PIN- 841438, the General Power
of Attorney Holder of Turner Morrison and Company Limited and its
Subsidiaries SKG Sugar Limited and SKG Fiscal Limited, Siwan, District-
Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
Patna High Court CWJC No.2096 of 2020 dt.27-09-2022
2/6
2. The Commissioner, Sugarcane Corporation Ltd. Bihar, Patna.
3. The Commissioner-Cum-Secretary, Industries Department, Government of
Bihar, Patna.
4. The Secretary-cum-Commissioner, Excise Department, government of
Bihar, patna.
5. The Member Board of Revenue-cum-OPrescribed Authority, Government of
Bihar, Patna.
6. The District Magistrate, Siwan.
7. The Sub Divisional Officer, Siwan.
8. The Superintendent of Police, Siwan.
9. The Sub Divisional Police Officer, Siwan.
10. The Circle Officer, Hussainganj, Siwan.
11. The Station House Officer, Sarai Police Station, District- Siwan.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 2151 of 2020
======================================================
1. SKG Sugar Limited and SKG Fiscal Limited Siwan, a subsidiary of Turner
Morrison and Company Limited through Sri Shanker Prasad, General Power
of Attorney Holder
2. Sri Shankar Prasad, son of Late Sita Ram Prasad, resident of Uttar Mohalla,
P.o. and P.s.- Mirganj, District- Gopalganj, Pin-841438, the General Power
of Attorney Holder of Turner Morrison and Company Limited and its
Subsidiaries SKG Sugar Limited and SKG Fiscal Limited, Siwan, District-
Siwan
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, patna
2. The Commissioner, Sugarcane Corporation Ltd. Bihar, Patna
3. The Commissioner-cum-Secretary, Industries Department, Government of
Bihar, patna
4. The Secretary-cum-Commissioner, Excise Department, Government of
Bihar, Patna
5. The Member Board of Revenue-cum-Prescribed Authority, Government of
Bihar, Patna
6. The District Magistrate, Siwan
7. The Sub Divisional Officer, Siwan
8. The Superintendent of Police, Siwan
9. The Sub Divisional Police Officer, Siwan
Patna High Court CWJC No.2096 of 2020 dt.27-09-2022
3/6
10. The Circle Officer, Hussainganj, Siwan
11. The Station House Officer, Sarai Police Station, District- Siwan
... ... Respondent/s
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Appearance :
(In Civil Writ Jurisdiction Case No. 2096 of 2020)
For the Petitioner/s : Mr.Jagnnath Singh, Advocate
Mr. Pushkar Kumar Ray, Advocate
For the Respondent/s : Mr.Abbas Haider (SC6)
For the Corporation Mr. Gyan Shankar, Advocate
(In Civil Writ Jurisdiction Case No. 2143 of 2020)
For the Petitioner/s : Mr.Jagnnath Singh, Advocate
Mr. Pushkar Kumar Ray, Advocate
For the Respondent/s : Mr.Kinker Kumar (SC9)
Ms. Deepika Sharma, AC to SC-9
For the Corporation Mr. Gyan Shankar, Advocate
(In Civil Writ Jurisdiction Case No. 2151 of 2020)
For the Petitioner/s : Mr.Jagnnath Singh, Advocate
Mr. Pushkar Kumar Ray, Advocate
For the Respondent/s : Mr.Yogendra Prasad Sinha (AAG7)
Mr. Rajeev Kumar Sinha, AC to AAG7
For the Corporation Mr. Gyan Shankar, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE) Date : 27-09-2022 Petitioners in C.W.J.C. No. 2096 of 2020 have prayed for the following relief(s):
"For issuance of a writ in the nature of Mandamus or any other appropriate writ, rule, direction commanding the respondent authorities to release the S.K.G. Sugar Limited & S.K.G. Distillery Limited and its landed property from acquisition which were acquisitioned by the Respondent State Government by an enactment called Bihar Sugar Undertaking (Acquisition) Act, 1985 and did not pay any compensation to its owner till date nor released the acquisitioned property of the Patna High Court CWJC No.2096 of 2020 dt.27-09-2022 4/6 petitioner and allowed the SKG Sugar Limited and SKG Distillery Limited to be turned into scrap by alienating the entire property and left the entire property without any security, safeguard and with no proper protection resultantly the landed property has been illegally encroached upon, the machineries are being stolen away as it has already turned into scrap and therefore, the respondent State is required to pay a suitable amount of compensation as assessed by this Hon'ble Court for turning a running Sugar Mill and Distillery to be turned into scrap by taking the possession of the landed property and the Sugar Mill by virtue of an Acquisition proceeding in the year 1985."
Petitioners in C.W.J.C. No. 2143 of 2020 have prayed for the following relief(s):
"For issuance of a writ in the nature of Mandamus or any other appropriate writ, rule, direction commanding the respondent authorities to provide protection and proper safeguard to the properties of S.K.G. Consolidated Ltd. i.e. SKG Sugar Limited and SKG Fiscal Limited, Siwan which is being stolen/removed and looted away by unscrupulous persons and they are allowing the properties of the mills to be stolen away, looted and sold away as also the premises are being encroached by taking over the possession of the mills in question without being any authority of law."
Patna High Court CWJC No.2096 of 2020 dt.27-09-2022 5/6 Petitioners in C.W.J.C. No. 2151 of 2020 have prayed for the following relief(s):
"For issuance of a writ in the nature of Mandamus or any other appropriate writ, rule, direction commanding the respondent authorities to release the S.K.G. Sugar Limited & S.K.G. Fiscal Limited and its landed property from acquisition which were acquisitioned by the Respondent State Government by an enactment called Bihar Sugar Undertaking (Acquisition) Act, 1985 and did not pay any compensation to its owner till date nor released the Acquisitioned property of the petitioner and allowed the SKG Sugar Limited and SKG Fiscal Limited to be turned into scrap by alienating the entire property and left the entire property without any security, safeguard and with no proper protection resultantly the landed property has been illegally encroached upon, the machineries are being stolen away as it has already turned into scrap and therefore, the respondent State is required to pay a suitable amount of compensation as assessed by this Hon'ble Court for turning a running Sugar Mill and Distillery to be turned into scrap by taking the possession of the landed property and the Sugar Mill by virtue of an Acquisition proceeding in the year 1985."
After the matter was heard for some time, learned counsel for the petitioners states that petitioners be permitted to Patna High Court CWJC No.2096 of 2020 dt.27-09-2022 6/6 initiate proceedings under the provisions of Bihar Sugar Undertaking (Acquisition) Act, 1985.
None can have any objection to the same. The petitions are disposed of on the following mutually agreeable terms:
(a) As and when petitioners initiate such proceedings, the same shall be considered in accordance with law on expeditious basis, preferably within a period of six months thereafter;
(b) We clarify that issue of fact and law, including that of limitation or earlier receipt of compensation by the petitioners, if any, are left open to be decided by the appropriate authority.
Petitions stand disposed of in the aforesaid terms. Interlocutory Application(s), if any, shall stand disposed of.
(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/DKS AFR/NAFR CAV DATE Uploading Date 29.09.2022 Transmission Date